People v Clarke, Desroy
Motion No: 2005-08837
Slip Opinion No: 2012 NY Slip Op 65438(U)
Decided on February 27, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M133832

E/sl

THOMAS A. DICKERSON, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2005-08837

The People, etc., respondent,

v Desroy Clarke, appellant.

(Ind. No. 04-01183)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Westchester County, rendered August 18, 2005, inter alia, to enlarge the judgment roll to include the transcript of the minutes of the grand jury proceedings.

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

ORDERED that the motion is granted to the extent that the District Attorney shall file a transcript of the grand jury minutes with the Clerk of this Court, for in camera review by the panel of Justices assigned to hear the appeal, and those minutes shall remain sealed upon delivery, and the motion is otherwise denied.

DICKERSON, J.P., CHAMBERS, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court