Appellate Division: Second Judicial Department

M77123

E/kmg

REINALDO E. RIVERA, J.P.

ROBERT A. LIFSON

EDWARD D. CARNI

RANDALL T. ENG, JJ.

2007-04156 The People, etc., respondent, v Germaine McCants, appellant. (Ind. No. 614/06)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Nassau County, rendered April 24, 2007, and to enlarge the record to include certain pretrial motion papers.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the record is denied as unnecessary as the mateiral in question is contained in the original papers; and it is further,

ORDERED that the branch of the motion which is for leave to file a supplemental pro se brief is granted; and it is further,

ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files the supplemental brief or informs this court that no supplemental brief will be filed; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

RIVERA, J.P., LIFSON, CARNI and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043