Appellate Division: Second Judicial Department

M97943

S/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

RUTH C. BALKIN

PLUMMER E. LOTT, JJ.

2008-02115 The People, etc., respondent, v Daryl Holley, appellant. (Ind. No. 2276/07)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the judgment roll on an appeal from a judgment of the County Court, Nassau County, rendered February 26, 2008, to include the minutes of the audibility hearing conducted in connection with the admission of certain audio and video tapes, to be provided with the sentencing transcripts, and to enlarge the time to serve and file his supplemental brief. Separate motion by the appellant pro se to enlarge the time to serve and file his supplemental brief.

Upon the papers filed in support of the motions and the papers filed in opposition or relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the judgment roll is granted; and it is further,

ORDERED that the order of this court dated May 12, 2008, which granted poor person relief to the appellant is amended to include a direction to the court reporter to make, certify and file two transcripts of the stenographic minutes of the proceedings during the audibility hearing, if they are available; and it is further,

ORDERED that the stenographer is directed to make, certify and file such minutes within 45 days of the date of this decision and order on motion, and the Clerk of the trial court is directed to furnish one copy to the Clerk of this court, without charge; and it is further,

ORDERED that in the event the stenographer has already prepared a transcript of the stenographic minutes of the above proceedings for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for the Clerk of this court; and it is further,

ORDERED that 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 to be provided with the sentencing minutes is denied as academic as the sentencing minutes have been provided to the appellant; and it is further,

ORDERED that the branch of the motion to enlarge the time to serve and file the supplemental brief and the separate motion for that relief are granted and upon delivering the minutes of the audibility hearing 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; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this decision and order on motion on the Clerk of the court from which the appeal is taken.

SKELOS, J.P., ANGIOLILLO, BALKIN and LOTT, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court