People v Smalls, Benjamin
Motion No: 2009-09614
Slip Opinion No: 2010 NY Slip Op 72446(U)
Decided on May 25, 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

M103258

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

DANIEL D. ANGIOLILLO

LEONARD B. AUSTIN, JJ.

2009-09614

The People, etc., respondent,

v Benjamin Smalls, appellant.

(Ind. No. 98-1448)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a resentence of the County Court, Westchester County, imposed August 18, 2009, and for the assignment of new counsel, or, in the alternative, for leave to file a supplemental pro se brief.

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

ORDERED that the branch of the motion which is to relieve counsel is denied; and it is further,

ORDERED that the branch of the motion which is for leave to file a supplemental pro se brief is granted, and the appellant shall file nine copies of the supplemental brief and serve one copy on the District Attorney on or before July 6, 2010.

RIVERA, J.P., FLORIO, ANGIOLILLO and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court