Appellate Division: Second Judicial Department

M207742

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

CHERYL E. CHAMBERS

THOMAS A. DICKERSON, JJ.

2014-05790 The People, etc., respondent, v Dwayne Webb, appellant. (Ind. No. 5137/12)

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 May 20, 2014, to be furnished with copies of the typewritten transcripts of the proceedings, if any, and to be provided with the transcript of the grand jury proceedings or direct the respondent to file the transcript of the grand jury proceedings, under seal, for in camera review by the panel of Justices assigned to hear the appeal.

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

ORDERED that the branches of the motion which are for leave to serve and file a supplemental brief and to be furnished with copies of the typewritten transcripts of the proceedings are granted; and it is further,

ORDERED that the District Attorney shall file the transcripts of the proceedings, 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 branch of the motion which is to be provided with the transcript of the grand jury proceedings is denied; and it is further,

ORDERED that the branch of the motion which is to direct the respondent to file the transcript of the grand jury proceedings, under seal, for in camera review by the panel of Justices assigned to hear the appeal is granted, and on or before April 11, 2016, the District Attorney shall file the transcript of the minutes of the grand jury proceedings with the Clerk of this Court, under seal, for in camera review by the panel of Justices assigned to hear the appeal, and those minutes shall remain sealed upon filing.

RIVERA, J.P., DILLON, CHAMBERS and DICKERSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court