People v Gregory Smith .

Motion No: M-3334

Slip Opinion No: 2017 NYSlipOp 82759(U)

Decided on August 15, 2017

Appellate Division, First 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.

August 15, 2017

The People of the State of New York,

Respondent,

v

Gregory Smith,

Defendant-Appellant.

An appeal having been taken to this Court from the judgment of the Supreme Court, New York County, rendered on or about January 28, 2014, and said appeal having been perfected, And defendant-appellant having moved for an order enlarging the record on appeal to include the sentencing minutes of defendant's co-defendant, who was tried separately under the same indictment number but before a different judge (Exhibit 1 to the moving papers), Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent

of directing defendant-appellant to immediately serve and

file 9 copies of a supplemental record on appeal containing

the aforesaid exhibit. Sua sponte, the appeal is adjourned

to the December 2017 Term. ENTERED: August 15, 2017

_____________________ CLERK

Present - Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices

M-3334

Ind. No. 4277/11