Appellate Division: Second Judicial Department

M207640

E/ct

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2015-01810 The People, etc., respondent, v Naqunne L. Jackson, appellant. (Ind. No. 1866N/13)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Nassau County, rendered February 26, 2015, for leave to reargue his prior motion for leave to serve and file a supplemental brief, which was determined by decision and order on motion of this Court dated January 11, 2016. Motion by the appellant pro se to be provided with a copy of the typewritten transcript of all proceedings, including a copy of the transcript of the grand jury proceedings and proceedings which occurred on November 6, 2013, and certain documents to aid in the preparation of the supplemental brief.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion for leave to reargue is granted and, upon reargument, the the appellant is granted leave to serve and file a supplemental brief, and 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 a copy of the typewritten transcripts of any pretrial hearings, of the trial, and of the imposition of sentence in this action is granted, the District Attorney shall file the transcripts of these proceedings, 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; and it is further,

ORDERED that branch of the motion which is to be provided with a copy of the transcript of the proceedings which occurred on November 6, 2013, is granted, the decision and order on motion of this Court dated June 22, 2015, 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 November 6, 2013; 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 trial court is directed to furnish one copy to the Clerk of this Court, without charge; and it is furhter,

ORDERED that the Clerk of this Court, or her designee, shall deliver the transcript of the proceedings which occurred on November 6, 2013, if any, to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; and it is further,

ORDERED that upon delivering the transcripts of any pretrial hearings, of the trial, of the imposition of sentence, and of the proceedings which occurred on November 6, 2013, if any, 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, and 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 Clerk of this Court, or her designee, is directed to 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 branch of the motion which is to be provided with a copy of the transcript of the grand jury proceedings is granted to the extent that on before May 11, 2016, the District Attorney shall file a transcript of the grand jury proceedings, under seal, with the Clerk of this Court, for in camera review by the panel of Justices assigned to hear the appeal, and those minutes shall remained sealed upon delivery; and it is further,

ORDERED that the branch of the motion which is to be provided certain documents is granted to the extent that the Clerk of this Court, or her designee, shall provide to the appellant a copy of the indictment, the felony complaint, an order of the Supreme Court, Nassau County dated January 30, 2014, and the papers regarding the appellant's motion to dismiss the indictment and application for a writ of habeas corpus; and it is further,

ORDERED that the motion to be provided with transcripts and certain documents is otherwise denied.

RIVERA, J.P., HALL, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court