Appellate Division: Second Judicial Department

M199852

E/ct

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

HECTOR D. LASALLE

BETSY BARROS, JJ.

2014-00932 The People, etc., respondent, v Hector Rivera, appellant. (Ind. No. 8678/07)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal, by permission, from an order of the Supreme Court, Kings County, dated December 13, 2013, and for the assignment of new counsel, or alternatively, for leave to serve and file a pro se 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 to relieve assigned counsel and for the assignment of new counsel is denied; and it is further,

ORDERED that the branch of the motion which is for leave to serve and file a pro se supplemental brief is granted; and it is further,

ORDERED that the District Attorney shall file the transcripts of the proceedings, if any, and the Clerk of this Court shall deliver those transcripts to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; 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.

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.

RIVERA, J.P., ROMAN, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court