Appellate Division: Second Judicial Department

M265230

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2016-01191 The People, etc., respondent, v Solne Martinez, appellant. (Ind. No. 2393/12)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to be furnished with additional transcripts to aid in the preparation of supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered September 15, 2015. Separate motion by the appellant pro se to extend the time to serve and file a supplemental brief.

Upon the papers filed in support of the motion to be furnished with additional transcripts and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the motion to extend the time to serve and file a supplemental brief and the papers filed in relation thereto, it is

ORDERED that the motions are granted, and the decision and order on motion of this Court dated April 1, 2016, 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 October 31, 2012, November 16, 2012, January 7, 2013, December 10, 2012, February 20, 2013, March 21, 2013, April 11, 2013, May 7, 2013, April 14, 2015, April 23, 2015, July 13, 2015, June 18, 2013, October 31, 2012, July 31, 2012, June 3, 2013 (TAP A), October 16, 2013, August 12, 2013, December 18, 2013, February 11, 2014, August 3, 2015, August 3, 2012, February 19, 2013, and June 30, 2015; 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., LEVENTHAL, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court