Appellate Division: Second Judicial Department

M54612

E/sl

STEPHEN G. CRANE, J.P.

GABRIEL M. KRAUSMAN

STEVEN W. FISHER

ROBERT A. LIFSON, JJ.

2005-01066 The People, etc., respondent, v Julio Gonzalez, appellant. (Ind. No. 7576/02)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered January 27, 2005, and assign new counsel, or, in the alternative, for leave to serve and file a supplemental brief and to be furnished with a copy of the typewritten transcript of the proceedings, if any.

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

ORDERED that the branches of the motion which are to relieve counsel and assign new counsel are denied; and it is further,

ORDERED that the branch of the motion which is for leave to serve and file a supplemental brief and to be furnished with a copy of the typewritten transcript of the proceedings, if any, 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.

CRANE, J.P., KRAUSMAN, FISHER and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court