| People v Galtieri, John |
| Motion No: 2009-05502 |
| Slip Opinion No: 2015 NY Slip Op 90616(U) |
| Decided on November 16, 2015 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M201815
U/ct
L. PRISCILLA HALL, J.P.
SANDRA L. SGROI
JEFFREY A. COHEN
JOSEPH J. MALTESE, JJ.
|
2009-05502 The People, etc., respondent, v John Galtieri, appellant. (Ind. No. 42/07)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the decision and order dated October 13, 2015, in the above-entitled case is recalled and vacated, and the following decision and order is substituted therefor:
Motion by the appellant pro se, in effect, to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Richmond County, rendered May 27, 2009, to strike the brief filed by assigned counsel and to proceed pro se, or, in the alternative, for leave to serve and file a supplemental brief and to be furnished with copies of the typewritten transcripts of the proceedings, if any.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is for leave to serve and file a supplemental brief and to be furnished with copies of the typewritten transcripts of the proceedings, if any, is granted; and it is further,
ORDERED that the motion is otherwise denied; 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.
HALL, J.P., SGROI, COHEN and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court