Appellate Division: Second Judicial Department

M195160

E/sl

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

JOSEPH J. MALTESE, JJ.

2012-09003 The People, etc., respondent, v Ikee Hale, appellant. (Ind. No. 1144/10)

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 Supreme Court, Kings County, rendered August 28, 2012, and to be furnished with the minutes of the grand jury proceeding as well as documents and transcripts pertaining to a certain "ex parte proceeding."

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 for leave to serve and file a supplemental pro se brief is granted, the District Attorney shall file the transcripts of the proceedings of any pretrial hearings, of any jury selection, of the plea of guilty or of the trial, and of the imposition of sentence, if any, and 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; 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 motion is otherwise denied.

SKELOS, J.P., LEVENTHAL, SGROI and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court