Appellate Division: Second Judicial Department

M164580

E/nl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX, JJ.

2010-09470 The People, etc., respondent, v Rafael Ceara, appellant. (Ind. No. 09-00323)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to file a supplemental brief on an appeal from a judgment of the Supreme Court, Westchester County, rendered August 3, 2010, and to be furnished with copies of the typewritten transcripts of the proceedings, including grand jury proceedings and additional proceedings which occurred on February 24, 2009, March 4, 2009, March 5, 2009, March 10, 2009, April 14, 2009, January 12, 2010, January 19, 2010, January 21, 2010, February 11, 2010, February 25, 2010, and July 13, 2010.

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 for leave to file a supplemental brief is granted, the District Attorney shall file the transcripts the proceedings of any pretrial hearings, of the trial, and of the imposition of sentence in this action, the Clerk of this Court shall deliver those transcripts to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant, upon delivering the transcripts to the institution, the Clerk of this Court shall advise the appellant of the date by which the transcripts are to be returned and the brief filed, and 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 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 furnished with a copy of the transcript of the grand jury proceedings is granted to the extent that at the time the respondent files a brief, the respondent shall file, under seal, a copy of the transcript of the grand jury proceedings 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 branch of the motion which is to be furnished with a copy of the transcripts of additional proceedings is denied with leave to renew upon a showing of what issues the appellant plans to raise in connection with these proceedings.

RIVERA, J.P., DICKERSON, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court