Appellate Division: Second Judicial Department

M300272

KS/

CHERYL E. CHAMBERS, J.P.

JOSEPH J. MALTESE

LARA J. GENOVESI

CARL J. LANDICINO, JJ.

2023-00661 The People, etc., respondent, v Jermaine Grant, appellant. (Ind. No. 70259/2019)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Nassau County, rendered December 21, 2022. Motion by the appellant pro se to be provided with copies of the typewritten transcripts of certain pre-trial proceedings and the grand jury minutes to aid in the preparation of a supplemental brief.

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

ORDERED that the motion is granted to the extent that the decision and order on motion of this Court dated September 29, 2023, which granted poor person relief to the appellant, is amended to include a direction to the court reporter to make, certify and file two transcripts of the stenographic minutes of the proceedings which occurred on January 13, 2020, January 22, 2020, September 7, 2022, and September 16, 2022, if available, and the motion is otherwise denied; and it is further,

ORDERED that the stenographer of the trial court is directed to certify and file two copies of such transcripts within 45 days of the date of this decision and order on motion and the clerk of the trial court shall furnish one certified transcript of the subject proceedings to the Clerk of the Court; the Clerk of this Court, or his designee, shall deliver that transcript to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript 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 in the event the stenographer has already prepared a copy of such transcript for a codefendant, then the clerk of the trial court is directed to reproduce a copy thereof and furnish said transcript to the Clerk of the Court; and it is further,

ORDERED that the appellant's 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.

CHAMBERS, J.P., MALTESE, GENOVESI and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court