| People v Gilleo, Charles W. |
| Motion No: 2008-03071 |
| Slip Opinion No: 2009 NYSlipOp 66867(U) |
| Decided on March 18, 2009 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M83704
E/cb
STEVEN W. FISHER, J.P.
HOWARD MILLER
RUTH C. BALKIN
ARIEL E. BELEN, JJ.
|
2008-03071 The People, etc., respondent, v Charles W. Gilleo, appellant. (Ind. No. 16/07)
| 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, Dutchess County, rendered April 1, 2008, to be furnished with a copy of the typewritten transcript of the proceedings, including the voir dire minutes, if any, and, in effect, to enlarge the judgment roll to include the minutes of the grand jury proceedings, if any, and to be furnished with a copy of those minutes.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is for leave to serve and file a supplemental brief is granted, and the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney; 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 proceedings, including the voir dire minutes, if any, 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, in effect, to enlarge the judgment roll to include the minutes of the grand jury proceedings, if any, and to be furnished with a copy of those minutes is granted to the extent that the District Attorney shall file a transcript of the grand jury minutes with the Clerk of this Court, and those minutes shall remain sealed upon delivery, and that branch of the motion is otherwise denied.
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., MILLER, BALKIN and BELEN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court