People v DeSmarat, Jean Marc
Motion No: 2003-10531
Slip Opinion No: 2007 NYSlipOp 61426(U)
Decided on January 19, 2007
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M49591

E/mv

HOWARD MILLER, J.P.

ROBERT A. SPOLZINO

DAVID S. RITTER

MARK C. DILLON, JJ.

2003-10531

The People, etc., respondent,

v Jean Marc DeSmarat, appellant.

(Ind. No. 4409/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Kings County, rendered November 7, 2003, for leave to reargue his motion to relieve assigned counsel and for the assignment of new counsel, or, in the alternative, for leave to proceed pro se, which was determined by decision and order on motion dated October 24, 2006, to recall and vacate so much of the decision and order on motion of this court dated October 24, 2006, as recalled and vacated a decision and order on motion dated January 4, 2006, to reinstate the decision and order on motion of this court dated January 4, 2006, and to enlarge the time to file a supplemental brief.

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

ORDERED that the motion is denied.

MILLER, J.P., SPOLZINO, RITTER and DILLON, 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