Appellate Division: Second Judicial Department

M220192

E/sl

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

SANDRA L. SGROI

BETSY BARROS, JJ.

2014-05800 The People, etc., respondent, v Joshua Zamfino, appellant. (Ind. No. 13-00180)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Westchester County, rendered May 7, 2014, and for the assignment of new counsel, for leave to serve and file a pro se supplemental brief, and for leave to make a motion pursuant to CPL 440.

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

ORDERED that the branch of the motion which is to relieve counsel assigned to prosecute the appeal 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, 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, 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 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 branch of the motion which is for leave to make a motion pursuant to CPL 440 is denied as unnecessary; and it is further,

ORDERED that the motion is otherwise denied.

BALKIN, J.P., HALL, SGROI and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court