Appellate Division: Second Judicial Department

M137487

E/sl

DANIEL D. ANGIOLILLO, J.P.

RANDALL T. ENG

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2011-02044 The People, etc., respondent, v Louis C. Cuesta, appellant. (Ind. No. 325-10)

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, Suffolk County, rendered November 17, 2010, and to be provided with "all evidence which was part of the record and not part of the record."

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 the appellant shall be furnished with a copy of the typewritten transcript of the proceedings, if any; 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 motion is otherwise denied.

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.

ANGIOLILLO, J.P., ENG, LOTT and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court