Appellate Division: Second Judicial Department

M286539

AFA/

BETSY BARROS, J.P.

JOSEPH J. MALTESE

DEBORAH A. DOWLING

HELEN VOUTSINAS, JJ.

2019-11933 The People, etc., respondent, v Roberto A. Gayle, appellant. (Ind. No. 952/2019)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Suffolk County, rendered September 26, 2019. Motion by the respondent to enlarge the judgment roll to include the defendant's written waiver of the right to appeal and the presentence report. Application by the respondent to extend the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied as unnecessary as the defendant's written waiver of the right to appeal and the presentence report are properly part of the judgment roll, and on or before January 23, 2023, the respondent shall upload a digital copy of the defendant's written waiver of the right to appeal and the presentence report, through the digital portal on this Court's website, to be filed as an exhibit on the appeal; and it is further,

ORDERED that the application is granted, and on or before January 23, 2023, the respondent shall serve and file their brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.

BARROS, J.P., MALTESE, DOWLING and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court