Appellate Division: Second Judicial Department

M258285

E/sl

JOHN M. LEVENTHAL, J.P.

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2011-11921 The People, etc., respondent, v John Kluge, appellant. (Ind. No. 1410-10)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the record on an appeal from a judgment of the County Court, Suffolk County, rendered December 14, 2011, to include Exhibit X and to unseal Exhibit X. Separate motion by the appellant to enlarge the record to include the minutes of the grand jury proceedings.

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

ORDERED that the branch of the motion which is to enlarge the record to include Exhibit X is denied as unnecessary as Exhibit X is part of the record; and it is further,

ORDERED that the branch of the motion which is to unseal Exhibit X is denied; and it is further,

ORDERED that the motion to enlarge the record to include the minutes of the grand jury proceedings is granted to the extent that, on or before January 10, 2019, the respondent shall file a 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 remain sealed upon delivery, and the motion is otherwise denied.

LEVENTHAL, J.P., DUFFY, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court