Appellate Division: Second Judicial Department

M45405

E/sl

GABRIEL M. KRAUSMAN, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-11083 The People, etc., respondent, v Timothy Y. Wynn, appellant. (Ind. No. 45/05)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered November 3, 2005.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED the motion is denied; and it is further,

ORDERED that on the court's own motion, the appellant is granted leave to serve and file a supplemental brief; 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.

KRAUSMAN, J.P., RIVERA, SPOLZINO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court