Appellate Division: Second Judicial Department

M91440

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

JOSEPH COVELLO

RANDALL T. ENG, JJ.

2008-04142 The People, etc., respondent, v Ykim Anderson, appellant. (Ind. No. 96/06)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the County Court, Dutchess County, rendered March 20, 2008, to be provided with wiretap audiotapes and videotape trial exhibits, to be provided with a CPL 200.65 statement, the appellant's omnibus motion and severance motion, the opposition to those motions and the orders determining those motions, and to provided with other documents and material.

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 to be provided with wiretap audiotapes and videotape trial exhibits is granted and on or before September 15, 2009, the respondent shall provide the appellant's assigned counsel with another copy of the wiretap audiotapes and videotape trial exhibits; and it is further,

ORDERED that the branch of the motion which is to be provided with a CPL 200.65 statement, the appellant's omnibus motion and severance motion, the opposition to those motions and the orders determining those motions is denied as academic as that material has been provided; and it is further,

ORDERED that the branch of the motion which is to provided with other documents and material is denied without prejudice to making a motion, upon notice to trial counsel, to direct trial counsel to turn over his file to assigned counsel.

FISHER, J.P., DILLON, COVELLO and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court