Appellate Division: Second Judicial Department

M153447

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2011-11277 The People, etc., respondent, v James E. Currie, appellant. (Ind. No. 2271/10)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Nassau County, rendered November 28, 2011, and for the assignment of new counsel, or for leave to proceed pro se.

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

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

ORDERED that the branch of the motion which is for leave to proceed pro se is granted to the extent that the appellant is granted leave to file a pro se supplemental brief, and that branch of the motion is otherwise denied; 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; 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.

RIVERA, J.P., LEVENTHAL, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court