| THE PEOPLE V DONATO NAPPI |
| Motion No: KA 10-00826 |
| Slip Opinion No: 2010 NY Slip Op 86347(U) |
| Decided on October 25, 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. |
PRESENT: SCUDDER, P.J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.
KA 10-00826
Indictment No: 09-037
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DONATO
NAPPI, DEFENDANT-APPELLANT. |
Appellant having moved for disclosure of the grand jury minutes with respect to the appeal taken from the judgment of Herkimer County Court rendered on March 15, 2010, and for other relief,
Now, upon reading and filing the affirmation of Christopher J. Pelli, Esq. and Simone M. Shaheen, Esq. dated September 13, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
MEMORANDUM: The motion insofar as it seeks to include transcripts of the grand jury proceedings in the record is not properly before this Court. The contents of the record should be stipulated by the parties, or if the parties or their attorneys are unable to agree and stipulate to the contents of the complete record on appeal, the contents of the record must be settled by the court from which the appeal is taken. It is the obligation of the appellant to make the application to settle the record (see 22 NYCRR 1000.4[a][1][ii]).
Entered: October 25, 2010
PATRICIA L. MORGAN, Clerk