Appellate Division: Second Judicial Department

M72802

F/

ROBERT A. SPOLZINO, J.P.

ROBERT A. LIFSON

THOMAS A. DICKERSON

CHERYL E. CHAMBERS, JJ.

2007-09594 The People, etc., respondent, v Keith Pooler, appellant. (Ind. No. 2085/06)

DECISION & ORDER ON MOTION Motion Pro Se to Relieve Counsel of Assignment

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Nassau County, rendered May 17, 2007, and for leave to prosecute the appeal pro se.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied, and it is further,

ORDERED that on the court's own motion, the appellant is granted leave to serve and file a pro se supplemental brief, and to be furnished with a copy of the typewritten transcript of the proceedings, 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 filed 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.

Upon delivering the minutes to the institution, the Clerk of this court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.

SPOLZINO, J.P., LIFSON, DICKERSON, and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

07 A 3400

Upstate Corr. Fac.

P.O. Box 2001

Malone, New York 12953