Appellate Division: Second Judicial Department

M167251

E/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2011-01960 The People, etc., respondent, v Anthony Rucano, appellant. (Ind. No. 270/09)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, for leave to file a supplemental brief on an appeal from a judgment of the Supreme Court, Richmond County, rendered January 21, 2011. Separate motion by the appellant pro se to enlarge the judgment roll to include certain documents and certain transcripts, including the transcript of the grand jury proceedings.

Upon the papers filed in support of the motion, inter alia, for leave to file a pro se supplemental brief and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion, inter alia, to enlarge the judgment roll and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to file a supplemental brief is granted, and the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney on or before April 7, 2014; and it is further,

ORDERED that the branch of the motion which is to enlarge the judgment roll to include the transcript of the proceeding which occurred on October 5, 2010, is denied as unnecessary as that transcript is included in the original papers on file with the Clerk of this Court; and it is further,

ORDERED that the branch of the motion which is to enlarge the judgment roll to include the transcripts of the proceedings which occurred on July 7, 2010, July 16, 2010, and August 10, 2010, is granted; and it is further,

ORDERED that the decision and order on motion of this Court dated August 18, 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 July 7, 2010, July 16, 2010, and August 10, 2010, 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 shall furnish one copy to the Clerk of this Court, without charge (see CPL 460.70); and it is further,

ORDERED that in the event the stenographer has already prepared a transcript of the stenographic minutes of the above proceedings for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for the Clerk of this Court; and it is further,

ORDERED that the branch of the motion which is to enlarge the judgment roll to include the transcript of the minutes of the grand jury proceedings is granted to the extent that, on or before January 28, 2014, the District Attorney shall file a transcript of the grand jury proceedings, under seal, 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 it is further,

ORDERED that the motions are otherwise denied.

BALKIN, J.P., CHAMBERS, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court