| People v Dargan, Jimmy |
| Motion No: 2009-11424 |
| Slip Opinion No: 2012 NY Slip Op 60445(U) |
| Decided on January 6, 2012 |
| 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
M130926
E/sl
PETER B. SKELOS, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
|
2009-11424 The People, etc., respondent, v Jimmy Dargan, appellant.
(Ind. No. 1045/07)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered November 24, 2009, and to be furnished with a copy of the typewritten transcript of the proceedings, if any. Separate motion by the appellant's assigned counsel for leave for leave to serve and file a supplemental brief raising the issue that the appellant's adjudication as a second violent felony offender was illegal.
Upon the papers filed in support of the motions and the papers filed in relation thereto, it is
ORDERED that the motions are granted; and it is further,
ORDERED that the appellant's assigned counsel shall serve and file a supplemental brief raising the issue that the appellant's adjudication as a second violent felony offender was illegal on or before February 6, 2012; and it is further,
ORDERED that the respondent shall serve and file a brief responding to the main brief as well as the supplemental brief filed by the appellant's assigned counsel on or before April 9, 2012; 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 pro se supplemental brief or informs this Court that no pro se supplemental brief will be filed; and it is further,
ORDERED that the appellant shall file nine copies of the pro se supplemental brief and serve one copy on the District Attorney.
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.
SKELOS, J.P., HALL, AUSTIN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court