| People v Allen, Kenneth D. |
| Motion No: 2017-09169 |
| Slip Opinion No: 2019 NY Slip Op 75478(U) |
| Decided on July 18, 2019 |
| 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. |
Appellate Division: Second Judicial Department
M264531
E/sl
RUTH C. BALKIN, J.P.
SHERI S. ROMAN
JEFFREY A. COHEN
JOSEPH J. MALTESE, JJ.
|
2017-09169 The People, etc., respondent, v Kenneth D. Allen, appellant. (Ind. No. 2181-15)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to be furnished with the transcript of the proceedings which occurred on August 29, 2016, to aid in the preparation of his pro se brief on an appeal from a judgment of the County Court, Suffolk County, rendered August 10, 2017.
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 the decision and order on motion of this Court dated October 23, 2017, 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 August 29, 2016; and it is further,
ORDERED that the stenographer is directed to make, certify and file such minutes 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; and it is further,
ORDERED that the Clerk of the Court, or her designee, is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken, and shall also deliver the above-referenced minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript 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 upon delivering the minutes to the institution, the Clerk of the Court, or her designee, shall advise the appellant of the date by which the minutes are to be returned and the pro se supplemental brief filed.
BALKIN, J.P., ROMAN, COHEN and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court