People v Rabanal, Manuel
Motion No: 2012-11431
Slip Opinion No: 2016 NY Slip Op 66886(U)
Decided on March 11, 2016
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M207981

E/sl

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

COLLEEN D. DUFFY, JJ.

2012-11431

The People, etc., respondent,

v Manuel Rabanal, appellant.

(Ind. No. 1621/11)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the Supreme Court, Nassau County, rendered December 5, 2012, (1) to enlarge the record to include a letter marked for identification at trial as Defendant's Exhibit A, a jury note marked as Court's Exhibit V, and a DVD of the complaining witness's statement, (2) to enlarge the time to serve and file a reply brief, and (3) to hold the appeal in abeyance to allow the appellant to make a pro se motion pursuant to CPL 440.

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

ORDERED that the branch of the motion which is to enlarge the record to include the letter marked for identification at trial as Defendant's Exhibit A is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to enlarge the record to include the jury note marked as Court's Exhibit V is denied as unnecessary as the jury note is properly part of the record; and it is further,

ORDERED that the branch of the motion which is to enlarge the record to include the DVD of the complaining witness's statement is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until April 11, 2016, and the reply brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to hold the appeal in abeyance to allow the appellant to make a pro se motion pursuant to CPL 440 is denied.

CHAMBERS, J.P., AUSTIN, ROMAN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court