People v Sain, Joseph
Motion No: 2010-11349
Slip Opinion No: 2012 NY Slip Op 89230(U)
Decided on October 29, 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

M145632

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS

L. PRISCILLA HALL, JJ.

2010-11349

The People, etc., respondent,

v Joseph Sain, appellant.

(Ind. No. 09-01183)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to hold in abeyance an appeal from a judgment of the County Court, Westchester County, rendered October 21, 2010, pending determination of a motion he will be making pursuant to CPL 440.10, and to enlarge his time to serve and file a supplemental brief.

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

ORDERED that the branch of the motion which is to hold the appeal in abeyance is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a pro se supplemental brief is granted, and the appellant's supplemental brief shall be served and filed on or before January 3, 2013; and it is further,

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

RIVERA, J.P., ANGIOLILLO, CHAMBERS and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court