People v Gilberto Diaz .

Motion No: M-1284A

Slip Opinion No: 2017 NYSlipOp 85439(U)

Decided on September 12, 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.

September 12, 2017

The People of the State of New York,

Respondent,

v

Gilberto Diaz,

Defendant-Appellant.

An appeal having been taken from a judgment of the Supreme Court, New York County, rendered on or about June 14, 2016, And defendant-appellant, pro se, having moved for permission to proceed pro se on the appeal,Now, upon reading and filing the papers with respect to the motion; and a letter having been issued by the Court to appellant on February 27, 2017, advising him of the consequences of proceeding pro se, and defendant having responded hereto on

March 7, 2017; and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of allowing defendant-appellant to proceed pro se, and permitting the appeal to be heard on the original record, except that a certified copy of the indictment shall be substituted in place of the original indictment and upon a reproduced appellant's brief, on condition that appellant serve one copy of such brief upon the District Attorney of said county and file 8 reproduced copies of such brief, together with the original record, pursuant to Rule 600.11 of the Rules of this Court. The court reporter shall promptly make and file with the criminal court (CPL §460.70) one transcript of the stenographic minutes of any proceedings pursuant to CPL §210.20, Arts. 710

and 730, of the plea or trial and sentence. The Clerk is directed to forward to the Warden of the

State Correctional Facility wherein defendant is incarcerated a transcript of the minutes relating to defendant's appeal, the transcript to be made available to appellant, without charge, and returned by him to this Court when submitting his pro se appellate brief. The time in which appellant shall perfect this appeal is enlarged until 120 days from the date of filing the record or the date of this order, whichever is later. Appellant is advised that the appeal will not be heard unless and until all material furnished to him has been returned to this Court. The order of this Court entered on June 1, 2017 (M-1284) is hereby recalled and vacated. ENTERED: September 12, 2017

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr., Justice Presiding, Rosalyn H. Richter Richard T. Andrias Troy K. Webber Ellen Gesmer, Justices

M-1284A

Ind. No. 6205/09