THE PEOPLE V JAMES TUCKER
Motion No: KA 11-00291
Slip Opinion No: 2013 NY Slip Op 93026(U)
Decided on December 3, 2013
Appellate Division, Fourth 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.


December 3, 2013

PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

KA 11-00291
Indictment No: 2010-0744-1

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JAMES TUCKER, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to file and serve a pro se supplemental brief on the appeal taken from a judgment of Supreme Court, Onondaga County rendered October 29, 2010, and for other relief,

Now upon reading and filing the affidavit of James Tucker sworn to October 11, 2013, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that appellant shall file 10 copies of a pro se supplemental brief, with proof of service of one copy on assigned counsel and the People pursuant to 22 NYCRR 1000.3 (f), on or before January 2, 2014, and

It is further ORDERED that respondent shall file a brief in response to the pro se supplemental brief, if any, on or before January 17, 2014, and

It is further ORDERED that the motion is otherwise denied.

Memorandum: Grand jury minutes may be disclosed by a court when a party has made a showing of a compelling and particularized need for the disclosure (see People v Robinson, 98 NY2d 755, 756). Defendant has failed to establish such a need.

Entered: December 3, 2013

Frances E. Cafarell, Clerk