Appellate Division: Second Judicial Department

M214545

E/sl

CHERYL E. CHAMBERS, J.P.

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2013-02376 The People, etc., respondent, v James Hunter, appellant. (Ind. No. 3430/11)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to enlarge the time to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered February 25, 2013. Separate motion by the appellant pro se to be provided with the minutes of the grand jury proceedings and to enlarge the judgment roll to include certain documents.

Upon the papers filed in support of the motion to enlarge the time to serve and file the pro se supplemental brief and the papers filed in relation thereto, and upon the papers filed in support of the motion, inter alia, to be provided with the minutes of the grand jury proceedings and the papers filed in opposition and in relation thereto, it is

ORDERED that the motion to enlarge the time to serve and file the pro se supplemental brief is granted, the appellant's time to serve and file the supplemental brief is enlarged until December 19, 2016, and the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney on or before that date; and it is further,

ORDERED that the branch of the second motion which is to be provided with the minutes of the grand jury proceedings is granted to the extent that on before November 9, 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 that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the second motion which is to enlarge the judgment roll to include the transcript of the proceedings which occurred on April 26, 2011, May 16, 2012, and June 2, 2011, the appellant's cell phone records identified as People's Exhibit 8, the jury note identified as Court Exhibit 2, a letter from the appellant to Justice DiMango dated May 10, 2011, an order of the Supreme Court, Kings County, dated August 16, 2011, and the motions filed by the appellant pro se and the appellant's trial counsel pursuant to CPL 190.50 and 330.30 and the papers filed in opposition thereto is denied as unnecessary as this material is already part of the record on appeal; and it is further,

ORDERED that the second motion is otherwise denied.

CHAMBERS, J.P., HALL, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court