Appellate Division: Second Judicial Department

M183807

E/sl

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2009-03263, 2012-05919 The People, etc., respondent, v Wayne Davidson, appellant. (Ind. No. 11010/06)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to be furnished with the transcripts of the Wade hearing and the hearing held in connection with his CPL 440 motion to aid in the preparation of his pro se supplemental brief on appeals from a judgment of the Supreme Court, Kings County, rendered March 4, 2009, and an order of the same court dated May 10, 2012.

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

ORDERED that the motion is granted, and the Clerk of the Court, or her designee, shall deliver the subject transcripts to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; 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.

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.

DILLON, J.P., HINDS-RADIX, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court