| People v Chisholm, Derek |
| Motion No: 2009-00913 |
| Slip Opinion No: 2011 NY Slip Op 64222(U) |
| Decided on February 15, 2011 |
| 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
M115458
E/sl
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2009-00913, 2009-00915 The People, etc., respondent, v Derek Chisholm, appellant. (Ind. No. 1129/06)
| DECISION & ORDER ON MOTION |
Renewed motion by the appellant pro se on appeals from a judgment of the Supreme Court, Queens County, rendered January 6, 2009, and a resentence of the same court imposed January 13, 2009, to be furnished with (1) a copy of the transcript of the proceedings held by the magistrate who issued a search warrant on January 19, 2006, (2) an unredacted copy of the affidavit of the search warrant or, in the alternative, a redacted copy, (3) a transcript of the minutes of an ex parte hearing held on November 16, 2006, or, in the alternative, to have the transcript available for appellate review, (4) copies of the certificate of verdict and certificate of conviction or, in the alternative, to have those documents available for appellate review, and (5) a copy of the transcript of the grand jury proceedings or, in the alternative, to have the transcript available for appellate review.
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 to the extent that the decision and order on motion of this Court dated July 30, 2009, which granted poor person relief to the appellant is amended to include a direction to the court reporter to make and certify two transcripts of the stenographic minutes of the proceedings held by the magistrate who issued a search warrant on January 19, 2006, and the minutes of the ex parte hearing on November 16, 2006, if any, and if not yet transcribed, and file the transcripts with the Clerk of the Supreme Court, Queens County, under seal; the Clerk of the Supreme Court, Queens County, shall forward the transcripts to the Clerk of this Court, under seal, for in camera review by the panel of Justices assigned to hear the appeal, and those minutes shall remain sealed upon delivery to this Court; and it is further,
ORDERED that the motion is otherwise denied.
RIVERA, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court