THE PEOPLE V BASIL S. PAYNE
Motion No: KA 08-01366
Slip Opinion No: 2009 NY Slip Op 79940(U)
Decided on August 5, 2009
Appellate Division, Fourth 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.


August 5, 2009

PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.

KA 08-01366
Indictment No: 2006-2189

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

BASIL S. PAYNE, DEFENDANT-APPELLANT.


An appeal having been taken from a judgment of the Supreme Court, Erie County, rendered June 19, 2008,

Now upon reading and filing the affidavit of Basil S. Payne, sworn to July 31, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that appellant shall file 10 copies of a pro se supplemental brief, with proof of service of one copy on assigned counsel and the People pursuant to 22 NYCRR 1000.3 (f), on or before September 25, 2009,

It is further ORDERED that respondent shall file a brief in response to the pro se supplemental brief, if any, on or before October 9, 2009.

Entered: August 5, 2009

Patricia L. Morgan, Clerk