Appellate Division: Second Judicial Department

M221077

E/afa

RUTH C. BALKIN, J.P.

THOMAS A. DICKERSON

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON, JJ.

2014-02489 The People, etc., respondent, v Alaa Agina, appellant. (Ind. No. 1733/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered March 6, 2014, to be provided with the transcript of the proceedings, and to be provided with certain material to aid in the preparation of the supplemental brief.

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 provided with the transcript of the pretrial, trial, and sentencing proceedings are granted, the District Attorney shall file the transcripts of the pretrial, trial, and sentencing proceedings, if any, when filing a respondent's brief, 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, 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 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 transcripts of the grand jury proceedings is granted to the extent that, on or before November 30, 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, that transcript shall remained sealed upon delivery; and it is further,

ORDERED that the branch of the motion which is to be provided with certain material to aid in the preparation of the supplemental brief is denied with leave to renew upon proper papers demonstrating that the material was entered into evidence or marked as an exhibit at trial; and it is further,

ORDERED that the motion is otherwise denied.

BALKIN, J.P., DICKERSON, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.

ENTER:

.

Aprilanne Agostino

Clerk of the Court