People v Calhoun, Charles Thomas
Motion No: 2004-11244
Slip Opinion No: 2010 NY Slip Op 66428(U)
Decided on March 24, 2010
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M100229

E/sl

WILLIAM F. MASTRO, J.P.

RUTH C. BALKIN

THOMAS A. DICKERSON

ARIEL E. BELEN, JJ.

2004-11244, 2007-08442

The People, etc., respondent,

v Charles Thomas Calhoun, appellant.

(Ind. No. 8574/86)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute appeals from two orders of the Supreme Court, Kings County, dated December 7, 2004, and July 11, 2007, respectively, and for leave to proceed pro se, and to direct the Supreme Court, Kings County, to conduct a reconstruction hearing. On April 23, 2008, the appellant's motion to dispense with printing and for assignment of counsel was granted and the following named attorney was assigned as counsel to prosecute the appeal:

The Legal Aid Society

199 Water Street - 5th Floor

New York, New York 10038

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

ORDERED the branch of the motion which is to relieve assigned counsel and proceed pro se is granted; and it is further,

ORDERED that the assigned counsel is relieved of the assignment and is directed to deliver any transcripts of the proceedings in his possession and all papers on the appeal to the Clerk of this court, who shall deliver same to the person in charge of the institution wherein the appellant is incarcerated for the appellant's examination and use; the transcript shall be returned to this court when the appellant files his appellate brief; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged until June 21, 2010, the appellant's brief shall be served and filed on or before that date; and it is further,

ORDERED the branch of the motion which is to direct the Supreme Court, Kings County, to conduct a reconstruction hearing is denied; and it is further,

ORDERED that the Clerk of this court, or his designee, shall serve a copy of this order upon the Clerk of the court from which the appeals are taken.

MASTRO, J.P., BALKIN, DICKERSON and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

98-A-0038

Green Haven Corr. Fac.

P.O. Box 4000

Stormville, New York 12582