Appellate Division: Second Judicial Department

M45908

A/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

WILLIAM F. MASTRO

ROBERT A. LIFSON, JJ.

2003-10531 The People, etc., respondent, v Jean Marc DeSmarat, appellant. (Ind. No. 4409/02)

DECISION & ORDER ON MOTION Motion Pro se to Relieve Counsel

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered November 7, 2003, to relieve assigned counsel and for the assignment of new counsel, or, in the alternative, for leave to proceed pro se or to enlarge his time to serve and file a supplemental brief.

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

ORDERED that the motion is denied; and it is further,

ORDERED that on the court's own motion, the decision and order on motion of this court dated January 4, 2006, which granted the appellant's motion for leave to serve and file a supplemental brief on the appeal is recalled and vacated, and the appellant's motion is denied. The appellant has not filed a supplemental brief although afforded a sufficient opportunity to do so.

ADAMS, J.P., RITTER, MASTRO and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

03-A-6318

Clinton Correctional Facility

Box 2001

Dannemora, New York 12929