Appellate Division: Second Judicial Department

M290614

AFA/FRANCESCA E. CONNOLLY, J.P.

JOSEPH J. MALTESE

JANICE A. TAYLOR

LOURDES M. VENTURA, JJ.

2019-14630 The People, etc., respondent, v Victor F. Nicholas, appellant. (Ind. No. 2248/2018)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Suffolk County, rendered November 25, 2019. Motion by the appellant's assigned counsel to be granted access to the jury notes in the court file under Indictment Number 2248/2018.

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 file is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record, including the jury notes, for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that the clerk of the court from which the appeal is taken shall file the jury notes with the Clerk of this Court on or before September 18, 2023 (see 22 NYCRR 1250.9[a][5]); and it is further,

ORDERED that assigned counsel 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.

CONNOLLY, J.P., MALTESE, TAYLOR and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court