Appellate Division: Second Judicial Department

M179648

E/ct

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

COLLEEN D. DUFFY, JJ.

2012-10634 The People, etc., respondent, v Mark Barber, appellant. (Ind. No. 1827/10)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the County Court, Nassau County, rendered October 24, 2012, to be furnished with copies of the typewritten transcripts of the proceedings, if any, to be furnished with the transcripts of the grand jury proceedings, and to be furnished with a copy of a jury note dated August 23, 2012, at 9:48 AM.

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

ORDERED that the branches of the motion which are for leave to serve and file a supplemental brief and to be furnished with copies of the typewritten transcripts of the proceedings, if any, are granted, the District Attorney shall file the transcripts of the proceedings, if any, 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 supplemental 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 transcript of the grand jury proceedings is granted to the extent that, on or before October 2, 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 branch of the motion which is to be furnished with a copy of the jury note dated August 23, 2012, at 9:48 AM is granted, and the Clerk of the Court, or her designee, shall provide a copy of the jury note to the appellant.

RIVERA, J.P., AUSTIN, SGROI and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court