Appellate Division: Second Judicial Department

M79660

E/sl

STEVEN W. FISHER, J.P.

ANITA R. FLORIO

EDWARD D. CARNI

CHERYL E. CHAMBERS, JJ.

2005-11056 The People, etc., respondent, v Jude Byron, appellant. (Ind. No. 6836/03)

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 Supreme Court, Kings County, rendered October 26, 2005, and to be furnished with a copy of the typewritten transcript of the proceedings, including the minutes of the grand jury proceedings, if any.

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

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

ORDERED that the branch of the motion which is to be furnished with a copy of the typewritten transcript of the trial is granted, and 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 branch of the motion which is to be furnished with a copy of the typewritten transcript of the minutes of the grand jury proceedings is denied; 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.

FISHER, J.P., FLORIO, CARNI and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

05 A 5781

Green Haven Corr. Fac.

P.O. Box 4000

Stormville, New York 12582