Appellate Division: Second Judicial Department

M102232

E/sl

REINALDO E. RIVERA, J.P.

STEVEN W. FISHER

ANITA R. FLORIO

LEONARD B. AUSTIN, JJ.

2007-03278 The People, etc., respondent, v Paul Thompson, appellant. (Ind. No. 221/03)

DECISION & ORDER ON MOTION

Motion by the appellant to be provided with the minutes of certain proceedings to aid in the preparation of a supplemental pro se brief on an appeal from a judgment of the Supreme Court, Richmond County, rendered March 29, 2007.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

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

ORDERED that the decision and order on motion of this court dated April 20, 2007, 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 following proceedings, if they are available:

(1) July 14, 2004, Part 6;

(2) November 16, 2005, Part 5;

(3) November 17, 2005, Part 5;

(4) November 18, 2005, Part 5;

(5) November 21, 2005, Part 5;

(6) November 22, 2005, Part 5;

(7) December 12, 2005, Part 5;

(8) December 13, 2005, Part 5;

(9) December 14, 2005, Part 5;

(10) December 15, 2005, Part 5;

(11) December 16, 2005, Part 5; and

(12) December 19, 2005, Part 5; 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 order, 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 the Clerk of this court, or his designee, is directed to serve a copy of this order on the Clerk of the court from which the appeal is taken, and to deliver the transcript of the above-referenced 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.

Upon delivering the minutes 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.

RIVERA, J.P., FISHER, FLORIO and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court