Appellate Division: Second Judicial Department

M59376

S/sl

A. GAIL PRUDENTI, P.J.

FRED T. SANTUCCI

STEVEN W. FISHER

DANIEL D. ANGIOLILLO, JJ.

2007-07338 The People, etc., plaintiff, v Kamar Francis, defendant, (Ind. No. 1966/05)

DECISION & ORDER ON MOTION

Motion by the defendant (1) pursuant to CPL 530.45 to be released on his own recognizance, or, in the alternative, to fix bail after his conviction in the Supreme Court, Queens County, upon a jury verdict, on July 6, 2007, of the crimes of criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree; the trial court remanded the defendant pending the imposition of sentence, and (2) to transfer his motion pursuant to CPL 330.30, currently pending in the Supreme Court, Queens County, before Justice Arthur Cooperman, to another justice. The branch of the motion which was to transfer the defendant's pending CPL 330.30 motion from Justice Cooperman to another justice was referred to the Clerk of the court for determination by a panel of four justices.

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

ORDERED that the branch of the motion which is to transfer the defendant's pending CPL 330.30 motion from Justice Cooperman to another justice is denied as that branch of the motion is not properly before this court.

PRUDENTI, P.J., SANTUCCI, FISHER and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court