THE PEOPLE V JOSE GUTIERREZ
Motion No: KA 03-02419
Slip Opinion No: 2010 NY Slip Op 68402(U)
Decided on April 9, 2010
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.


April 9, 2010

PRESENT: CENTRA, J.P., FAHEY, PERADOTTO, LINDLEY, AND PINE, JJ.

KA 03-02419
Indictment No: 2002-0223

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JOSE GUTIERREZ, 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, Monroe County, rendered May 15, 2003, and for other relief,

Now upon reading and filing the affidavits of Jose Gutierrez sworn to January 16, 2010 and February 12, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent 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 May 24, 2010,

It is further ORDERED that respondent shall file a brief in response to the pro se supplemental brief, if any, on or before June 14, 2010.

It is further ORDERED that the respondent shall file confidentially with the Clerk of this Court the grand jury minutes on or before April 26, 2010, and

It is further ORDERED that the motion is otherwise denied.

Entered: April 9, 2010

Patricia L. Morgan, Clerk