People v. Delgado

Full title: The People, etc., respondent, v. Michael Delgado, appellant.

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

Date published: Mar 5, 2012

2012 N.Y. Slip Op. 66274 (N.Y. App. Div. 2012)

Opinion

Motion No: 2007-05786 Ind. No. 129/05 M134270

03-05-2012

The People, etc., respondent, v. Michael Delgado, appellant.

RUTH C. BALKIN

, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

LEONARD B. AUSTIN, JJ.

DECISION & ORDER ON MOTION

Motion by the appellant pro se to be provided with the minutes of certain proceedings to aid in the preparation of a supplemental brief on an appeal from a judgment of the Supreme Court, Richmond County, rendered June 13, 2007, and to enlarge the time to serve and file the supplemental brief.

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

ORDERED that the motion is granted, and the decision and order on motion of this court dated October 11, 2007, 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 on May 28, 2005, June 9, 2005, April 6, 2006, April 26, 2006, May 18, 2006, and June 2, 2006, if they are available; and it is further,

ORDERED that the stenographer is directed to make, certify, and file such minutes within 45 days of the date of this decision and order on motion, and the clerk of the trial court is directed to furnish one copy to the Clerk of this Court, without charge; and it is further,

ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this decision and order on motion on the clerk of the court from which the appeal is taken, and to deliver the transcript of the above-referenced minutes 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 the appellant's supplemental brief shall be served and filed on or before June 4, 2012; and it is further,

ORDERED that the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney.

BALKIN, J.P., CHAMBERS, HALL and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court