People v Graves, Nisean
Motion No: 2011-00280
Slip Opinion No: 2012 NY Slip Op 88642(U)
Decided on October 24, 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

M145481

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL, JJ.

2011-00280

The People, etc., respondent,

v Nisean Graves, appellant.

(Ind. No. 10-00921)

DECISION & ORDER ON MOTION

Appeal by the defendant from a judgment of the County Court, Westchester County, rendered November 30, 2010. By decision and order of this Court dated May 8, 2012, the matter was remitted to the County Court, Westchester County, for a hearing on the defendant's motion to withdraw his plea of guilty, and for a new determination of the motion thereafter, and the appeal was held in abeyance pending receipt of the County Court's report. The County Court has filed its report.

Now, on the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated April 27, 2011, 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 proceedings of the hearing before the County Court, Westchester County, which resulted in the report dated August 10, 2012, if they are available, and the Clerk of the trial court is directed to furnish one copy to the appellant's counsel, without charge; and it is further,

ORDERED that the appellant may serve and file a supplemental brief, if he be so advised, within 45 days after the transcripts set forth above are received by assigned counsel; the respondent shall serve and file a supplemental brief, if so advised, within 45 days after service upon it of the appellant's supplemental brief; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken, and to deliver the transcript of the stenographic minutes of the proceedings set forth above to the respondent when the appellant's supplemental brief is served.

RIVERA, J.P., DILLON, ANGIOLILLO and LEVENTHAL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court