Appellate Division: Second Judicial Department

M198472

E/ct

RANDALL T. ENG, P.J.

RUTH C. BALKIN

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ.

2012-03020 The People, etc., respondent, v Arthur Frazier, appellant. (Ind. No. 2512/10)

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, Queens County, rendered October 26, 2011, and to be furnished with a copy of the typewritten transcript of the proceedings which occurred on October 13, 2011.

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

ORDERED that the motion is granted, and the decision and order on motion of this Court dated May 25, 2012, 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, if they are available, of the proceedings which occurred on October 13, 2011; and it is further,

ORDERED that the stenographer is directed to make, certify, and file such transcripts within 45 days of the date of this decision and order on motion and the clerk of the Supreme Court, Queens County, shall deliver the transcripts to the Clerk of this Court, who shall deliver same to the person in charge of the institution wherein the appellant is incarcerated for the appellant's examination and use; 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 his supplemental brief; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of the transcript of the proceedings which occurred on October 31, 2011, for a codefendant, then the clerk of the trial court is directed to reproduce a copy thereof for delivery to the Clerk of this Court; and it is further,

ORDERED that the Clerk of the Court, or her designee, shall serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

ENG, P.J., BALKIN, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court