Appellate Division: Second Judicial Department

M235620

E/afa

JOHN M. LEVENTHAL, J.P.

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2015-01553 The People, etc., respondent, v Paul White, appellant. (Ind. No. 2710-12)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, to enlarge the time to perfect an appeal from a judgment of the County Court, Suffolk County, rendered January 30, 2015, to be provided with a copy of the presentence report prepared in connection with the his sentencing, including "any supporting documentation," to direct the Superintendent of Clinton Correctional Facility to provide him with plain white paper and other materials, to direct the respondent to produce certain documents, as well as the transcripts of the grand jury proceedings and the hearings on his habeas corpus petition, to direct his former retained counsel to provide him with certain materials, to direct this Court to furnish him with the indictment, search warrant, CD-ROMS, and "complete court file . . . relating to the Indictment," and to direct the Commissioner of the Department of Corrections to provide the means for him to review electronic material and to "replace . . . [approximately] 3,000 pages of trial transcripts."

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

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged, and the appellant shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that the branch of the motion which is to be provided with a copy of the presentence report prepared in connection with the appellant's sentencing, including "any supporting documentation," is granted to the extent that, upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide the Clerk of the Court with a copy of the presentence report prepared in connection with the appellant's sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report and the Clerk of the Court shall deliver a copy of the presentence report, recommendation sheet, and prior reports to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that the branch of the motion which is to direct this Court to furnish the appellant with certain material is granted to the extent that the Clerk of the Court, or her designee, shall provide the appellant with copies of the original papers provided by the Suffolk County Clerk; and it is further,

ORDERED that the motion is otherwise denied.

LEVENTHAL, J.P., LASALLE, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court