Appellate Division: Second Judicial Department

M240657

E/ct

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2015-03207 The People, etc., respondent, v Craig Johnson, appellant. (Ind. No. 788/12)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the record on an appeal from a judgment of the Supreme Court, Kings County, rendered March 13, 2015, to include the transcript of the grand jury proceedings and to be provided with a transcript of the grand jury proceedings, or alternatively, direct the respondent to file a copy of the transcript of the grand jury proceedings, under seal, with the Clerk of this Court.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to enlarge the record to include the transcript of the grand jury proceedings is denied as unnecessary; and it is further,

ORDERED that the branch of the motion which is to direct that the respondent to file a copy of the transcript of the grand jury proceedings is granted, and at the time that the respondent files a brief, the respondent shall file the 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, and that transcript shall remained sealed upon delivery; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., LEVENTHAL, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court