Appellate Division: Second Judicial Department

M300038

KS/

VALERIE BRATHWAITE NELSON, J.P.

CHERYL E. CHAMBERS

DEBORAH A. DOWLING

LOURDES M. VENTURA, JJ.

2018-15102 The People, etc., respondent, v Luis J. Garcia, appellant. (Ind. No. 2441/2016)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Suffolk County, rendered November 19, 2018. Motion by the appellant to be provided with the grand jury minutes, to enlarge the judgment roll to include the grand jury minutes, and to extend the time to perfect the appeal.

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 to be provided with the grand jury minutes and to enlarge the judgment roll to include the grand jury minutes are granted to the extent that the District Attorney shall file the grand jury minutes, 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 the minutes shall remain sealed upon delivery, and those branches of the motion are otherwise denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted and the appellant's time to perfect the appeal is extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 1250.9) and written directions; 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.

BRATHWAITE NELSON, J.P., CHAMBERS, DOWLING and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court