Appellate Division: Second Judicial Department

M80650

E/sl

A. GAIL PRUDENTI, P.J.

EDWARD D. CARNI

RANDALL T. ENG

JOHN M. LEVENTHAL, JJ.

2007-09729 The People, etc., respondent, v Andre Banks, appellant. (Ind. No. 06-01380)

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, Westchester County, rendered October 9, 2007, and to be furnished with a copy of the typewritten transcript of the proceedings, if any. Application by the respondent for leave to file one brief in response to the brief filed by the appellant's assigned counsel and the supplemental brief to be filed by the appellant pro se.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that 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 appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney; and it is further,

ORDERED that the application is denied; and it is further,

ORDERED that 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 February 11, 2009, and the respondent's brief must be served and filed on or before that date.

PRUDENTI, P.J., CARNI, ENG and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court