Appellate Division: Second Judicial Department

M151997

E/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

SYLVIA HINDS-RADIX, JJ.

2009-10764 The People, etc., respondent, v Wayne Chin, appellant. (Ind. No. 1018/03)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from an order of the Supreme Court, Kings County, rendered November 17, 2009, and for the assignment of new counsel, or for leave to serve and file a supplemental brief.

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

ORDERED that the branches of the motion which are to relieve assigned counsel and assign 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 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.

BALKIN, J.P., CHAMBERS, ROMAN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court