Appellate Division: Second Judicial Department

M139867

E/sl

MARK C. DILLON, J.P.

ARIEL E. BELEN

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2010-08231 The People, etc., respondent, v Raymond Tate, appellant. (Ind. No. 10051/09)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to serve and file a supplemental brief on an appeal from a judgment of the Supreme Court, Queens County, rendered August 19, 2010. Separate motion by the appellant pro se to relieve counsel assigned to prosecute the appeal and for the assignment of new counsel.

Upon the papers filed in support of the motion for leave to serve and file a pro se supplemental brief and the papers filed in relation thereto, and upon the papers filed in support of the motion to relieve assigned counsel and for the assignment of new counsel and the papers filed in opposition and in relation thereto, it is

ORDERED that the motion to relieve assigned counsel and for the assignment of new counsel is denied; and it is further,

ORDERED that the motion for leave to serve and file a pro se supplemental brief is granted, and 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 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.

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.

DILLON, J.P., BELEN, AUSTIN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court