Appellate Division: Second Judicial Department

M189240

S/sl

PETER B. SKELOS, J.P.

RUTH C. BALKIN

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX, 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 proceedings which occurred in the Supreme Court, Kings County, on December 1, 2008, January 6, 2009, and January 12, 2009, 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 it is further,

ORDERED that the decision and order on motion of this Court dated May 14, 2010, 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 December 1, 2008, January 6, 2009, and January 12, 2009, if they are available, and the Clerk of the trial court is directed to furnish one copy to the Clerk of this Court, 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 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 and deliver it to the Clerk of this Court; 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, or upon advising the appellant that the transcripts are not available, the Clerk of this Court shall advise the appellant of the date by which the transcripts are to be returned and the brief filed.

SKELOS, J.P., BALKIN, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court