Appellate Division: Second Judicial Department

M149016

E/ct

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2010-05316 The People, etc., respondent, v Ronald Wilson, appellant. (Ind. No. 355/09)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered May 25, 2010, to enlarge the judgment roll to include the transcripts of certain proceedings, and to be provided with the transcripts of certain grand jury testimony.

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

ORDERED that the branches of the motion which are to enlarge the time to serve and file a supplemental brief and to enlarge the judgment roll to include the transcripts of certain proceedings are granted; and it is further,

ORDERED that the decision and order on motion of this Court dated February 1, 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 which occurred on February 11, 2009, May 11, 2009, and June 2, 2009, if they are available; 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 is directed to furnish one copy to the Clerk of this Court, without charge; and it is further,

ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this decision and order on motion on the clerk of the court from which the appeal is taken, and to deliver the transcripts of the above-referenced minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcripts 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 branch of the motion which is to be provided with the transcripts of certain grand jury testimony is granted to the extent that on or before February 7, 2013, 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 that branch of the motion is otherwise denied; 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., CHAMBERS, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court