Appellate Division: Second Judicial Department

M271634

E/sl

RUTH C. BALKIN, J.P.

BETSY BARROS

FRANCESCA E. CONNOLLY

PAUL WOOTEN, JJ.

2018-03030 The People, etc., respondent, v Anthony H. Baptiste, appellant. (Ind. No. 396/2016)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Suffolk County, rendered December 15, 2017. Motion by the appellant pro se for leave to serve and file a supplemental brief, to be furnished with copies of the typewritten transcripts of the pretrial hearings, of the trial, and of the imposition of sentence in this action, to enlarge the judgment roll to include his motion pursuant to CPL 440 and other material, and to be provided with transcripts of the arraignment proceedings to aid in the preparation of the pro se supplemental brief.

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

ORDERED that the branches of the motion which are for leave to serve and file a supplemental brief and to be furnished with copies of the typewritten transcripts of the pretrial hearings, of the trial, and of the imposition of sentence in this action are granted; and it is further,

ORDERED that the District Attorney shall file the transcripts of the 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; upon delivering the transcripts to the institution, 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; 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 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 enlarge the judgment roll is denied; and it is further,

ORDERED that the branch of the motion which is be provided with transcripts of the arraignment proceedings is denied without prejudice to renew upon proper papers specifying the date of the proceedings for which the transcript is requested.

BALKIN, J.P., BARROS, CONNOLLY and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court