Appellate Division: Second Judicial Department

M126523

E/ct

MARK C. DILLON, J.P.

ANITA R. FLORIO

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2010-05371 The People, etc., respondent, v Ryan G. Brown, appellant. (Ind. No. 10-00190)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Orange County, rendered May 24, 2010, and to be furnished with a copy of the typewritten transcript of the proceedings, if any, and to hold the appeal in abeyance pending determination by the County Court, Orange County, of his motion pursuant to CPL 440.

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

ORDERED that the branch of the motion which is for leave to serve and file a supplemental brief is granted; and it is further,

ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this Court shall deliver those 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 shall file nine copies of the supplemental brief and serve one copy on the District Attorney; and it is further,

ORDERED that the branch of the motion which is to hold the appeal in abeyance pending determination by the County Court, Orange Court, of the appellant's motion pursuant to CPL 440 is denied.

DILLON, J.P., FLORIO, LOTT and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court