Appellate Division: Second Judicial Department

M156809

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS, JJ.

2009-10764 The People, etc., respondent, v Wayne Chin, appellant. (Ind. No. 1018/03)

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 an order of the Supreme Court, Kings County, rendered November 17, 2009, to resettle the sentencing transcript, and to be provided with additional transcripts and a transcription of respondent's trial exhibit 8, as well as a copy of the CD constituting trial exhibit 8, and to be provided with legible copies of the following pages of the trial transcripts; September 17, 2009, pages 26-28, 31-38, 40-41, 43-52, 56, and 60-63; September 21, 2009, pages 78-84, 143-144, 146, 152-156, 171, 173, and 209; September 22, 2009 pages 277-278, to aid in the preparation of his pro se supplemental brief.

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

ORDERED that the branch of the motion which is to enlarge the time to serve and file a supplemental brief is granted, and the appellant's supplemental brief shall be served and filed on or before August 21, 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; and it is further,

ORDERED that the branch of the motion which is to be provided with legible copies of the above-referenced transcript pages is granted, and the Clerk of the Court, or her designee, shall deliver those transcript pages to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; and it is further,

ORDERED that the branch of the motion which is to resettle the sentencing transcript is denied without prejudice to making a motion in the Supreme Court, Kings County; and it is further,

ORDERED that the branch of the motion which is to be furnished with additional transcripts, a transcription of the respondent's trial Exhibit 8 and a copy of the CD constituting trial exhibit 8 to aid in the preparation of his pro se supplemental brief is denied with leave to renew upon proper papers setting forth the issues to be raised concerning the above-referenced material.

SKELOS, J.P., ANGIOLILLO, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court