Appellate Division: Second Judicial Department

M45761

A/sl

THOMAS A. ADAMS, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2004-09311 The People, etc., respondent, v William Potts, appellant. (Ind. No. 621/03)

DECISION & ORDER ON MOTION Motion to File A Supplemental Brief

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Nassau County, rendered September 20, 2004, to be furnished with a copy of the typewritten transcripts of the proceedings, if any, and to hold the appeal in abeyance pending the determination of his motion pursuant to CPL 440.10.

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 to hold the appeal in abeyance 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., RIVERA, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

04-A-5291

Five Points Correctional Facility

Box 119

Romulus, NY 14541