| People v Lee, Curtis Jewan, also known as Struggles |
| Motion No: 2007-00223 |
| Slip Opinion No: 2010 NY Slip Op 88163(U) |
| Decided on November 17, 2010 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M111096
E/sl
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
PLUMMER E. LOTT
SHERI S. ROMAN, JJ.
|
2007-00223 The People, etc., respondent, v Curtis Jewan Lee, also known as Struggles, appellant. (Ind. No. 4/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to enlarge the time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Dutchess County, rendered December 14, 2006, and to enlarge the judgment roll to include the minutes of the proceedings which occurred on September 14, 2006.
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 November 17, 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 which occurred on September 14, 2006, 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; 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's supplemental brief shall be served and filed on or before February 15, 2011; and it is further,
ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
RIVERA, J.P., DICKERSON, LOTT and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court