Appellate Division: Second Judicial Department

M247312

E/rr

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON, JJ.

2012-01989 The People, etc., respondent, v Tyrone Houston, appellant. (Ind. No. 2546/06)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered February 8, 2012, and to be furnished with copies of the typewritten transcripts of the proceedings, if any, which occurred on July 31, 2006, September 29, 2006, October 20, 2006, October 30, 2007, December 18, 2007, and September 8, 2008, in the above-entitled case.

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

ORDERED that the motion is granted; and it is further,

ORDERED that the District Attorney shall file the transcripts of any pretrial hearings, of the trial, and of the imposition of sentence in this action, and the Clerk of this Court shall deliver those transcripts to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; and it is further,

ORDERED that the decision and order on motion of this Court dated May 17, 2012, which granted poor person relief to the appellant is amended to include a direction to the court reporter to make, certify, and file two transcripts of the stenographic minutes, if they are available, of the proceedings which occurred on July 31, 2006, September 29, 2006, October 20, 2006, October 30, 2007, December 18, 2007, and September 8, 2008; the stenographer is directed to make, certify and file such transcripts within 45 days of the date of this decision and order on motion, and the clerk of the trial court is directed to furnish one copy to the Clerk of this Court, without charge; the Clerk of this Court, or her designee, shall deliver the transcripts of those proceedings, if any, to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; and it is further,

ORDERED that upon delivering the transcripts the Clerk of this Court shall advise the appellant of the date by which the transcripts are to be returned and the supplemental brief filed, and the transcripts shall be returned to this Court when the appellant files the supplemental brief or informs this Court that no supplemental brief will be filed; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

BALKIN, J.P., ROMAN, MILLER and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court