Appellate Division: Second Judicial Department

M66604

E/sl

REINALDO E. RIVERA, J.P.

DAVID S. RITTER

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, JJ.

2007-10482 The People, etc., respondent, v Kevin Oliver, appellant. (Ind. No. 3518/05)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel - Appeal from Judgment

Motion by the appellant pro se for leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered October 30, 2007, as a poor person, for the assignment of counsel, to be provided with certain transcripts, and to direct his transfer to a different correctional facility.

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

ORDERED that the branches of the motion which are for the assignment of counsel, and to be provided with certain transcripts are denied with leave to renew on or before June 9, 2008, upon papers indicating whether the appellant wants the assignment of counsel or whether he wants to proceed pro se on the appeal; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is held in abeyance pending renewal of the branches of the motion which are for the assignment of counsel and to be provided with certain transcripts; and it is further,

ORDERED that the branch of the motion which is to direct the appellant's transfer to a different correctional facility is denied.

RIVERA, J.P., RITTER, ANGIOLILLO and McCARTHY, JJ., concur.

ENTER:

Appellant's Address: James Edward Pelzer

07 A 6260 Clerk of the Court

Cape Vincent Corr. Fac.

P.O. Box 739

Cape Vincent, New York 13618