Appellate Division: Second Judicial Department

M36826

E/sl

THOMAS A. ADAMS, J.P.

WILLIAM F. MASTRO

STEVEN W. FISHER

JOSEPH COVELLO, JJ.

2005-05067, 2005-05068, 2005-05460 The People, etc., respondent, v Cecilio Daley, appellant. (Ind. Nos. 1404/04, 2661/04, 10489/04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute appeals from three judgments of the Supreme Court, Queens County, all rendered May 16, 2005, and for the assignment of new counsel or, alternatively, for leave to serve and file a supplemental brief.

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

ORDERED that the branch of the motion which is to relieve counsel and for the assignment of new counsel is denied; and it is further,

ORDERED that the branch of the motion which is for leave to serve and file a supplemental brief is granted; and it is further,

ORDERED that 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; 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.

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.

ADAMS, J.P., MASTRO, FISHER and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court