Appellate Division: Second Judicial Department

M266272

E/sl

ALAN D. SCHEINKMAN, P.J.

REINALDO E. RIVERA

CHERYL E. CHAMBERS

VALERIE BRATHWAITE NELSON, JJ.

2017-06737 The People, etc., respondent, v Deon Ewers, appellant. (Ind. No. 1800N/15)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Nassau County, rendered May 23, 2017, and to be furnished with copies of the typewritten transcripts of the proceedings, if any, and the transcript of the grand jury proceedings.

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

ORDERED that the branch of the motion which is for leave to serve and file a supplemental brief is granted, and the appellant shall file an original and five hard 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 copies of the typewritten transcripts of the pretrial, trial, and sentencing proceedings, is granted, the District Attorney shall file the transcripts of those 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; the transcripts furnished to the appellant 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 transcripts to the institution, the Clerk of this Court shall advise the appellant of the date by which the transcripts furnished to him are to be returned and the supplemental brief filed; and it is further,

ORDERED that the branch of the motion which is to be provided with the transcript of the grand jury proceedings is granted to the extent that the District Attorney shall file the transcript of the grand jury proceedings, if any, 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 it is further,

ORDERED that the motion is otherwise denied.

SCHEINKMAN, P.J., RIVERA, CHAMBERS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court