Appellate Division: Second Judicial Department

M80483

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

2004-06406 The People, etc., respondent, v Anwar Haque, appellant. (Index No. 4136/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the judgment roll on an appeal from a judgment of the Supreme Court, Queens County, rendered July 21, 2004, and to be provided with copies of the documents set forth in the motion. Separate motion by the respondent to enlarge the time to serve and file a brief in response to the brief filed by the appellant's assigned counsel. Separate motion by the appellant pro se to be provided with "computer screen printouts" and to enlarge the time to serve and file a supplemental brief.

Upon the papers filed in support of the motions, no papers having been filed in opposition or in relation to the appellant pro se's motion to enlarge the judgment roll and the respondent's motion to enlarge the time to serve and file a brief, and the papers filed in opposition to the appellant pro se's motion to be provided with "computer screen printouts" and to enlarge the time to serve and file a supplemental brief, it is

ORDERED that the appellant pro se's motion to enlarge the judgment roll and to be provided with copies of the documents set forth in the motion is granted to the extent that the Clerk of this court is directed to provide the appellant pro se with the following items, which are part of the record, and the motion is otherwise denied:

(1) The respondent's notices pursuant to CPL 710.30(1)(a) dated January 21, 2003, and January 31, 2003;

(2) The respondent's notices pursuant to CPL 30.30 dated December 20, 2002, and April 29, 2003;

(3) The respondent's demands for alibi information dated January 21, 2003 and April 29, 2003;

(4) The respondent's demands pursuant to CPL 240.30, dated January 21, 2003, and April 29, 2003;

(5) Order of Supreme Court, Queens County, dated August 26, 2003;

(6) Decision of Supreme Court, Queens County, dated August 26, 2003, determining the appellant's omnibus motion;

(7) Copy of the Indictment No. 3395/02;

(8) Supreme Court docket sheets;

(9) Copy of the Indictment No. 4136/02;

(10) Order of Supreme Court, Queens County, dated August 26, 2003, granting the respondent's motion to amend the indictment;

(11) Jury notes and verdict sheet;

(12) The respondent's notice of motion and motion to amend the indictment dated August 11, 2003;

(13) The appellant's omnibus motion dated July 10, 2003;

(14) The respondent's opposition to that branch of the omnibus motion which was to dismiss the indictment dated July 16, 2003;

(15) The respondent's response to material received from the appellant dated April 12, 2004;

(16) The respondent's motion for discovery dated August 1, 2003;

(17) The respondent's motion to amend the indictment dated January 1, 2004, and supplemental affirmation dated January 6, 2004;

(18) The respondent's bill of particulars and affirmation in response to the omnibus motion dated August 18, 2003;

and it is further,

ORDERED that the respondent's motion is granted, the respondent's time to serve and file a brief in response to the brief filed by the appellant's assigned counsel is enlarged until January 8, 2009, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the appellant pro se's motion which is to be provided with "computer screen printouts" is denied; and it is further,

ORDERED that the branch of the appellant pro se's motion which is to enlarge the time to serve and file a supplemental brief is granted, and the appellant's supplemental pro se brief shall be served and filed on or before March 30, 2009; and it is further,

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

RIVERA, J.P., ANGIOLILLO, DICKERSON and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court