PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

KA 14-00233
Indictment Nos: 84-0677-001 and 87-1174-1

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V SALVATORE LETIZIA, DEFENDANT-APPELLANT.

Appellant having moved for an extension of time to file and serve a pro se supplemental brief on the appeal taken from that part of an order of the Supreme Court, Erie County, entered November 26, 2012, which denied defendant's request for forensic DNA testing of evidence, pursuant to CPL 440.30 (1-a),

Now upon reading and filing the affidavit of Salvatore Letizia sworn to December 23, 2015, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that appellant provide to the Clerk's Office proof of service that the pro se supplemental brief has been served on a date between January 20, 2016 and February 10, 2016, upon assigned counsel and the People, and upon such receipt of proof of service, the Clerk is directed to accept the copies of the pro se supplemental brief, submitted to this Court on December 31, 2015 for filing, and

It is further ORDERED that respondent shall file a brief in response to the pro se supplemental brief, if any, on or before February 25, 2016.

Entered: January 20, 2016

Frances E. Cafarell, Clerk