People v. Occhione

Full title: The People, etc., respondent, v. Joseph Occhione, appellant.

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Sep 2, 2011

Motion No: 2008-07704 (N.Y. App. Div. Sep. 2, 2011)

Opinion

Motion No: 2008-07704 Ind. No. 1383/07 M125010

09-02-2011

The People, etc., respondent, v. Joseph Occhione, appellant.

WILLIAM F. MASTRO

, J.P.

MARK C. DILLON

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

DECISION & ORDER ON MOTION

Motion by the appellant pro se to file exhibits to his supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered July 23, 2008. Separate motion by the appellant pro se to file a supplement to his supplemental brief. Separate motion by the appellant pro se to relieve assigned counsel and for the assignment of new counsel. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief in response to the appellant's pro se supplemental brief.

Upon the papers filed in support of the motions and the application and the papers filed in opposition and in relation thereto, it is

ORDERED that the motion to file exhibits to the pro se supplemental brief is granted to the extent that on or before October 25, 2011, the appellant shall file as exhibits to his pro se supplemental brief, nine copies of the papers filed in connection with his pro se motion to dismiss the indictment based on the failure to afford him the opportunity to testify before the grand jury, and the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, on or before October 25, 2011, the appellant shall file with the Clerk of this Court as part of the original papers for this appeal a copy of the transcript of the proceedings on September 25, 2007, concerning the appellant's pro se motion to dismiss the indictment; and it is further,

ORDERED that the motion to file a supplement to the pro se supplemental brief and the motion to relieve assigned counsel and for the assignment of new counsel are denied, and it is further,

ORDERED that the application is granted and the respondent's time to serve and file a brief response to the appellant's pro se supplemental brief is enlarged until October 25, 2011, and the respondent's brief in response to the appellant's pro se supplemental brief must be served and filed on or before that date.

MASTRO, J.P., DILLON, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court