Appellate Division: Second Judicial Department

M38416

C/sl

STEPHEN G. CRANE, J.P.

GLORIA GOLDSTEIN

DANIEL F. LUCIANO

MARK C. DILLON, JJ.

2003-09567 The People, etc., respondent, v Tarik Greene, appellant. (Ind. No. 02-00179)

DECISION & ORDER ON MOTION Motion Pro se to Relieve Counsel of Assignment

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Rockland County, rendered September 25, 2003, and for assignment of new counsel, or, for leave to serve and file a supplemental brief, and to enlarge the judgment roll.

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

ORDERED that the branch of the motion which is for leave to serve and file a supplemental pro se 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 branch of the motion which is to enlarge the judgment roll is granted to the extent that the order of this court dated December 16, 2003, 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 before the County Court, Rockland County, on January 14, 2003, January 21, 2003, February 13, 2003, March 4, 2003, March 18, 2003, April 8, 2003, May 19, 2003, and August 26, 2003, if they are available, and the Clerk of the trial court is directed to furnish one copy to the appellant, without charge, and that branch of the motion is otherwise denied; and it is further

ORDERED that the motion is otherwise denied; 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.

CRANE, J.P., GOLDSTEIN, LUCIANO and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

03-A-5122

Sing Sing Correctional Facility

354 Hunter Street

Ossining, New York 10562