Appellate Division: Second Judicial Department

M138964

E/sl

PETER B. SKELOS, J.P.

MARK C. DILLON

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2010-05498 The People, etc., respondent, v Eric G. Witherspoon, appellant. (Ind. No. 1111-08)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to be furnished with additional transcripts and certain documents on an appeal from a judgment of the County Court, Suffolk County, rendered April 14, 2010. Separate motion by the appellant pro se to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion to be furnished with additional transcripts and certain documents and the papers filed in opposition thereto, and upon the papers filed in support of the motion to enlarge the time to serve and file a brief and the papers filed in relation thereto, it is

ORDERED that the branch of the motion which is to be furnished with additional transcripts is granted, and the decision and order on motion of this Court dated July 29, 2010, which granted poor person relief to the appellant, is amended to include a direction to the court reporter to make, certify and file two transcripts of the stenographic minutes of the following proceedings, if they are available:

(1) April 16, 2008, J. Braslow;

(2) May 13, 2008, J. Braslow;

(3) June 17, 2008, J. Braslow;

(4) September 9, 2008, J. Braslow;

(5) October 10, 2008, J. Braslow;

(6) November 3, 2008, J. Braslow;

(7) November 17, 2008, J. Braslow;

(8) December 3, 2008, J. Braslow;

(9) December 17, 2008, J. Braslow;

(10) January 9, 2009, J. Weber;

(11) January 21, 2009, J. Weber;

(12) February 3, 2009, J. Weber;

(13) February 5, 2009, J. Weber;

(14) February 9, 2009, J. Weber;

(15) March 16, 2009, J. Weber;

(16) March 18, 2009, J. Hinrichs;

(17) March 23, 2009, J. Hinrichs;

(18) March 25, 2009, J. Hinrichs;

(19) March 26, 2009, J. Hinrichs;

(20) March 27, 2009, J. Hinrichs;

(21) March 30, 2009, J. Hinrichs;

(22) April 7, 2009, J. Weber; and

(23) April 8, 2009, J. Weber; and it is further,

ORDERED that the stenographer is directed to make, certify and file such minutes within 45 days of the date of this decision and order on motion, and the clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the Clerk of this Court, without charge (see CPL 460.70); the Clerk of this Court, or her designee, shall deliver same to the person in charge of the institution wherein the appellant is incarcerated for the appellant's examination and use; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the clerk of the trial court is directed to reproduce a copy thereof and file it with the Clerk of this Court, who shall deliver same to the person in charge of the institution wherein the appellant is incarcerated for the appellant's examination and use; and it is further,

ORDERED that the branch of the motion which is to be furnished with certain documents is granted to the extent that the Clerk of this Court, or her designee, shall deliver copies of the motions submitted in the trial court to the person in charge of the institution wherein the appellant is incarcerated for the appellant's examination and use, and that branch of the motion is otherwise denied; and it is further,

ORDERED that Clerk of this Court, or her designee, shall serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken; and it is further,

ORDERED that the motion to enlarge the time to serve and file a brief is granted, and the appellant's brief shall be served and filed expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that the appellant shall file nine copies of the brief and serve one copy on the District Attorney.

SKELOS, J.P., DILLON, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court