PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.

KA 08-00634
Indictment No: 2005-0962B

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V VICTOR A. DEPONCEAU, DEFENDANT-APPELLANT.

Appellant having moved for an extension of time to file and serve a pro se supplemental brief on the appeal taken from a judgment of the Supreme Court, Monroe County rendered February 22, 2008, and for other relief,

Now upon reading and filing the affidavits of Victor Deponceau sworn to August 16, 2011, October 11, 2011, October 18, 2011, October 20, 2011, October 25, 2011, November 1, 2011 and November 3, 2011, the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the portion of the motion seeking an extension of time to file and serve a pro se supplemental brief is granted to the extent that appellant shall file 10 copies of a pro se supplemental brief, with proof of service of one copy on assigned counsel and the People pursuant to 22 NYCRR 1000.3 (f), on or before January 19, 2012, and

It is further ORDERED that respondent shall file a brief in response to the pro se supplemental brief, if any, on or before February 3, 2012, and

It is further ORDERED that the motions are otherwise denied.

Memorandum: Defendant may file a pro se supplemental brief pursuant to 22

NYCRR 1000.3(f) to supplement the brief filed by appellate counsel or he may move to proceed pro se with his appeal.

Entered: December 14, 2011

Patricia L. Morgan, Clerk