PRESENT: SCUDDER, P.J., HURLBUTT, GORSKI, MARTOCHE, AND SMITH, JJ.

KA 05-02662

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ELROY WASHINGTON, DEFENDANT-APPELLANT. Indictment No: 4728

Appellant having moved for an extension of time to file and serve a pro se supplemental brief on the appeal taken from a judgment of the Genesee County Court entered in the Office of the Clerk of the County of Genesee on November 3, 2005, and for other relief,

Now upon reading and filing the affidavit of Elroy Washington, sworn to November 2, 2007, the notice of motion with proof of service thereof, the opposing affirmation of David E. Gann, dated November 19, 2007, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be, and the same hereby is, granted to the extent that appellant shall file 10 copies of a pro se supplemental brief, with proof of service of one copy on assigned counsel and the People pursuant to 22 NYCRR 1000.3(f), on or before January 17, 2008, and

It is further ORDERED that respondent shall file a brief in response to the pro se supplemental brief, if any, on or before February 1, 2008, and

It is further ORDERED that the motion to compel the Clerk to provide defendant with transcripts is dismissed as unnecessary, and the motion is otherwise denied.

Entered: December 4, 2007

JoAnn M. Wahl, Clerk