Appellate Division: Second Judicial Department

M106221

E/ct

MARK C. DILLON, J.P.

ANITA R. FLORIO

HOWARD MILLER

ARIEL E. BELEN, JJ.

2007-10738 The People, etc., respondent, v Scott Young, appellant. (Ind. No. 6082/06)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to be provided with additional minutes and certain documents to aid in the preparation of a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered November 13, 2007.

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

ORDERED that the branch of the motion which is to be provided with additional minutes of the proceedings on July 14, 2004 (Criminal Court arraignment), September 7, 2004, September 21, 2004 (arraignment Judge Leventhal), November 3, 2004, November 10, 2004, December 3, 2004, December 27, 2004, January 19, 2004, January 26, 2004, January 30, 2004, March 20, 2005 (Criminal Court Arraignment, AR4, Judge Krauss), March 24, 2005, April 12, 2005 (Superior Court arraignment Judge Leventhal), May 4, 2005, June 7, 2005, June 20, 2005, October 11, 2006, April 3, 2006, and May 10, 2006, is granted; and it is further,

ORDERED that the decision and order on motion of this court dated February 28, 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 above-referenced proceedings, 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 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; 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; 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 motion is otherwise denied.

DILLON, J.P., FLORIO, MILLER and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court