Appellate Division: Second Judicial Department

M300500

ID/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

JANICE A. TAYLOR

PHILLIP HOM, JJ.

2023-00633 The People, etc., respondent, v Jackson Metellus, appellant. (Ind. No. 70393/2020)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Nassau County, rendered December 12, 2022. Motion by the appellant pro se for leave to serve and file a supplemental brief and to be furnished with copies of the typewritten transcripts of the proceedings, if any. Motion by the respondent, in effect, to be provided with the transcripts of certain proceedings, and to extend the time to serve and file a brief.

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

ORDERED that the motion by the respondent is granted; and it is further,

ORDERED that the decision and order on motion of this Court dated March 1, 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 in County Court, Nassau County, on April 1, 2021, April 6, 2021, April 8, 2021, April 9, 2021, April 20, 2021, May 6, 2021, May 10, 2021, June 10, 2021, June 15, 2021, July 15, 2021, July 20, 2021, August 19, 2021, and October 28, 2021, in the above-entitled matter, if available; 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 the Court, or his designee shall provide the transcripts to the respondent; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of such transcripts for a codefendant, then the clerk of the trial court is directed to reproduce a copy thereof for counsel; and it is further,

ORDERED that the respondent 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; and it is further,

ORDERED that upon delivering the transcript to the respondent, the Clerk of the Court, or his designee, shall advise the respondent of the date by which the transcript is to be returned and the respondent's brief served and filed; and it is further,

ORDERED that the motion by the appellant pro se for leave to file a supplemental brief and to be furnished with copies of the typewritten transcripts of the proceedings, if any, is granted; and it is further,

ORDERED that the District Attorney shall file the transcripts of the proceedings, if any, and the 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 filed the supplemental brief or informs this Court that no supplemental brief will be filed; 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 to the institution, the Clerk of this Court shall advise the appellant of the date by which the transcripts are to be returned and the supplemental brief filed.

DUFFY, J.P., WOOTEN, TAYLOR and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court