People v Davila, Daniel Abrego
Motion No: 2019-02999
Slip Opinion No: 2023 NY Slip Op 72361(U)
Decided on August 25, 2023
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M290732

AFA/

MARK C. DILLON, J.P.

PAUL WOOTEN

WILLIAM G. FORD

CARL J. LANDICINO, JJ.

2019-02999

The People, etc., respondent,

v Daniel Abrego Davila, appellant.

(Ind. No. 388/2017)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Nassau County, rendered March 11, 2019. 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 proceedings, if any, and to be furnished with certain additional documents to aid in the preparation of the supplemental brief.

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

ORDERED that the branch of the motion which is to be furnished with copies of the typewritten transcripts of the proceedings is granted, the District Attorney shall file the transcripts of the proceedings, if any, and the Acting 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 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 branch of the motion which is to be furnished with certain additional documents is granted to the extent that on or before September 25, 2023, the District Attorney shall file copies of all trial exhibits with the Acting Clerk of this Court and the Acting Clerk of this Court shall deliver copies of those exhibits to the person in charge of the institution where the appellant is incarcerated for examination by the appellant, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the appellant shall file the supplemental brief, by mail, and serve one copy on the District Attorney.

Upon delivering the transcripts and trial exhibits to the institution, the Acting Clerk of this Court shall advise the appellant of the date by which the transcripts and trial exhibits are to be returned and the supplemental brief filed.

DILLON, J.P., WOOTEN, FORD and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court