Appellate Division: Second Judicial Department

M120901

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

THOMAS A. DICKERSON

RANDALL T. ENG, JJ.

2010-05164 The People, etc., respondent, v Kermitt Bern Parker, appellant. (Ind. No. 09-00528)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, to relieve assigned counsel, strike the brief filed by assigned counsel, and for the assignment of new counsel on an appeal from a judgment of the County Court, Orange County, rendered March 11, 2010, or, in the alternative, for leave to serve and file a supplemental brief and to be furnished with a copy of the typewritten transcript of the proceedings, if any. Separate motion by the appellant to hold the appeal in abeyance pending determination of a motion pursuant to CPL 440.10, pending in the County Court, Orange County.

Upon the papers filed in support of the motions, no papers having been filed in opposition or in relation to the motion of the appellant pro se, and the papers filed in opposition to the motion to hold the appeal in abeyance, it is

ORDERED that the branches of the motion which are to relieve assigned counsel, strike the brief filed by assigned counsel and for the assignment of new counsel are denied; and it is further,

ORDERED that the branch of the motion which is for leave to serve and file a supplemental brief and to be furnished with a copy of the typewritten transcript of the proceedings, if any, is granted; 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; 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; the transcript shall be returned to this Court when the appellant files 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; and it is further,

ORDERED that the motion to hold the appeal in abeyance is denied.

RIVERA, J.P., FLORIO, DICKERSON and ENG, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court