People v Davis, Samuel
Motion No: 2016-09444
Slip Opinion No: 2018 NY Slip Op 86262(U)
Decided on October 16, 2018
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M256439

E/mm

JOHN M. LEVENTHAL, J.P.

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON, JJ.

2016-09444

The People, etc., respondent,

v Samuel Davis, appellant.

(Ind. No. 15-00563)

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, Westchester County, rendered August 16, 2016, and to be furnished with copies of the typewritten transcripts of the proceedings, if any, as well as other material.

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

ORDERED that the branches of the motion which are for leave to serve and file a supplemental brief and to be furnished with copies of the typewritten transcripts of the proceedings are granted; and it is further,

ORDERED that the District Attorney shall file the transcripts of the proceedings, if any, 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; upon delivering the transcripts to the institution, 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; 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; and it is further,

ORDERED that the branch of the motion which is to be furnished with material other than copies of the typewritten transcripts of the proceedings, is denied without prejudice to renew, upon proper papers identifying the issues to be raised in connection with the other material.

LEVENTHAL, J.P., HINDS-RADIX, DUFFY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court