Opinion
Motion No: 2010-05873 Ind. No. 3298/08 M129728
12-06-2011
The People, etc., respondent, v. Jose Pena, appellant.
, J.P.
RUTH C. BALKIN
RANDALL T. ENG
LEONARD B. AUSTIN, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant pro se, inter alia, for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Kings County, rendered May 17, 2010, and to be furnished with a copy of the typewritten transcript of the proceedings, if any.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the branch of the motion which is for leave to serve and file a supplemental brief is granted, the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this Court shall deliver those 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 this Court 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; and it is further,
ORDERED that the motion is otherwise denied.
RIVERA, J.P., BALKIN, ENG and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court