Appellate Division: Second Judicial Department

M47031

O/sl

A. GAIL PRUDENTI, P.J.

GABRIEL M. KRAUSMAN

WILLIAM F. MASTRO

REINALDO E. RIVERA, JJ.

2005-10929, 2005-10930 The People, etc., respondent, v Philip Penna, appellant. (Ind. Nos. 1665-05, 2496-05)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute appeals from two judgments of the Supreme Court, Suffolk County, both rendered November 1, 2005, and for assignment of new counsel, and to be provided with additional transcripts of certain proceedings.

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

ORDERED that the branch of the motion which is to relieve assigned counsel and assign new counsel 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; and it is further,

ORDERED that the branch of the motion which is for additional transcripts is denied with leave to renew upon papers setting forth the dates of the proceedings for which the appellant seeks transcripts.

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.

PRUDENTI, P.J., KRAUSMAN, MASTRO and RIVERA, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court