Appellate Division: Second Judicial Department

M181644

E/htr

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

SHERI S. ROMAN, JJ.

2011-10429, 2012-01991 The People, etc., respondent, v Tyrone Houston, appellant. (Ind. No. 7919/09)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to be provided with the transcript of the grand jury proceedings and certain other proceedings to aid in the preparation of his supplemental brief on appeals from a judgment of the Supreme Court, Kings County, rendered October 26, 2011, and a resentence of the same court imposed February 9, 2012.

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 to be furnished with a transcript of the grand jury proceedings is granted to the extent that, on or before November 18, 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 the transcripts of the other proceedings is denied with leave to renew upon proper papers setting forth the issues that the appellant anticipates raising with respect to those minutes.

RIVERA, J.P., HALL, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court