| People v Webb, Dwayne |
| Motion No: 2014-05790 |
| Slip Opinion No: 2017 NY Slip Op 68581(U) |
| Decided on March 27, 2017 |
| 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. |
Appellate Division: Second Judicial Department
M228347
E/sl
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
JEFFREY A. COHEN
ROBERT J. MILLER, 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 to be provided with the transcript of the grand jury proceedings and the transcripts of the warrant application that resulted in the search warrants for the "rented room" and the appellant's cell phone to aid in the preparation of a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered May 20, 2014, or, in the alternative, to direct the respondent to file the above material under seal, for in camera review by the panel of Justices hearing the appeal. Application by the appellant pro se pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file the supplemental brief.
Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to direct the respondent to file the transcript of the grand jury proceedings under seal is denied as unnecessary as that material has already been filed in this Court, under seal; and it is further,
ORDERED that the branch of the motion which is to direct the respondent to file the transcripts of the warrant application that resulted in the search warrants for the "rented room" and the appellant's cell phone is granted, and on or before April 26, 2017, the respondent shall file the transcripts of those warrant applications with the Clerk of the Court, under seal, for in camera review by the panel of Justices hearing the appeal, and the transcripts of those warrant applications shall remain sealed upon filing; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the application is granted, the appellant's time to serve and file a pro se supplemental brief is enlarged until May 12, 2017, and the pro se supplemental brief must be served and filed on or before that date.
DILLON, J.P., LEVENTHAL, COHEN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court