| THE PEOPLE V BASIL S. PAYNE |
| Motion No: KA 08-01366 |
| Slip Opinion No: 2009 NY Slip Op 86633(U) |
| Decided on October 21, 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. |
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. |
Appellant having moved for an extension of time to file and serve a pro se supplemental brief on the appeal taken from a judgment of the Supreme Court, Erie County, rendered June 19, 2008, and for other relief,
Now upon reading and filing the affidavit of Basil S. Payne, sworn to September 4, 2009, the notice of motion with proof of service thereof, 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 December 3, 2009, and
It is further ORDERED that respondent shall file a brief in response to the pro se supplemental brief, if any, on or before December 18, 2009, and
It is further ORDERED that respondent shall file with this Court the transcript of the instant grand jury proceedings on or before November 16, 2009, and the motion is otherwise denied.
Entered: October 21, 2009
Patricia L. Morgan, Clerk