Appellate Division: Second Judicial Department

M185422

E/sl

REINALDO E. RIVERA, J.P.

THOMAS A. DICKERSON

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2013-08849 The People, etc., respondent, v Cerious McCray, appellant. (Ind. No. 136/10)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, to relieve counsel assigned to prosecute an appeal from a resentence of the County Court, Dutchess County, imposed July 25, 2013, and for the assignment of new counsel, or, in effect, for leave to serve and file a supplemental brief.

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, in effect, for leave to serve and file a pro se supplemental brief is granted; and it is further,

ORDERED that the Clerk of this Court shall deliver the transcripts of the proceedings to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; upon delivering the transcripts to the institution, the Clerk of this Court shall advise the appellant of the date by which the transcripts are to be returned and the supplemental brief filed; the transcripts 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 is otherwise denied.

RIVERA, J.P., DICKERSON, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court