Appellate Division: Second Judicial Department

M259326

E/sl

JOHN M. LEVENTHAL, J.P.

SHERI S. ROMAN

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2014-07024 The People, etc., respondent, v David E. King, Jr., appellant. (Ind. No. 64/13)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to extend the time to serve and file a supplemental brief on an appeal from a judgment of the County Court, Dutchess County, rendered July 10, 2014, and to be provided with copies of the briefs filed by his assigned counsel and the respondent, the transcripts of certain proceedings, and two compact discs which were entered into evidence at trial.

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 be provided with copies of the briefs filed by the appellant's assigned counsel and the respondent is granted, and the Clerk of the Court, or her designee shall deliver copies of the briefs 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 branch of the motion which is to be provided with the transcripts of the proceedings which occurred on April 2, 2014, and September 25, 2013, is granted; and it is further,

ORDERED that the decision and order on motion of this Court dated August 4, 2015, 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 April 2, 2014, and September 25, 2013; 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 the branch of the motion which is to extend the time to serve and file a supplemental brief is granted, and upon delivering the transcripts set forth above, if available, 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 branch of the motion which is to be provided with the transcripts of the proceedings which occurred in March 2014 is denied without prejudice to renew upon proper papers specifying the date of the proceedings; and it is further,

ORDERED that the branch of the motion which is to be provided with the two compact discs which were entered into evidence at trial is denied without prejudice to renew upon proper papers identifying with specificity the issues to be raised in connection with those compact discs.

LEVENTHAL, J.P., ROMAN, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court