Appellate Division: Second Judicial Department

M160031

E/ct

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2011-06504 The People, etc., respondent, v Stephen Roberts, appellant. (Ind. No. 218/09)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Queens County, rendered July 1, 2011, for leave to reargue the branch of his prior motion for leave to file less than nine copies of his supplemental brief, which was determined by decision and order on motion of this Court dated March 20, 2013. Separate motion by the appellant pro se, inter alia, in effect, to be provided with certain photographs to aid in the preparation of his supplemental brief.

Upon the papers filed in support of the motion for leave to reargue the branch of his prior motion for leave to file less than nine copies of his supplemental brief and the papers filed in relation thereto, and upon the papers filed in support of the motion, inter alia, in effect, to be provided with certain photographs and the papers filed in opposition thereto, it is

ORDERED that the motion for leave to reargue the branch of his prior motion for leave to file less than nine copies of his supplemental brief is denied; and it is further,

ORDERED that the motion, inter alia, in effect, to be provided with certain photographs is granted to the extent that on or before August 30, 2013, the District Attorney shall file copies of the photographs that were marked as exhibits at trial, and the Clerk of this Court shall deliver copies of those photographs to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant, and that motion is otherwise denied.

BALKIN, J.P., HALL, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court