Opinion
2007-05786 Ind. No. 129/05 M145886
11-07-2012
The People, etc., respondent, v. Michael Delgado, appellant.
, J.P.
DANIEL D. ANGIOLILLO
THOMAS A. DICKERSON
L. PRISCILLA HALL, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant pro se to enlarge the judgment roll to include the transcripts of the proceedings which occurred on June 1, 2005, on an appeal from a judgment of the Supreme Court, Richmond County, rendered June 13, 2007, and for an enlargement of time to serve and file his 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; and it is further,
ORDERED that the decision and order on motion of this Court dated August 31, 2011, 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 June 1, 2005; 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 shall furnish one certified transcript of the proceedings set forth above to the Clerk of this Court, without charge (see CPL 460.70); and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that the Clerk of the Court, or her designee, 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 shall also deliver the above-referenced minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; upon delivering the minutes to the institution, the Clerk of the Court, or her designee, shall advise the appellant of the date by which the minutes are to be returned and the brief filed; 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 shall file nine copies of the supplemental brief and serve one copy on the District Attorney.
SKELOS, J.P., ANGIOLILLO, DICKERSON and HALL, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court