Appellate Division: Second Judicial Department

M229635

E/sl

L. PRISCILLA HALL, J.P.

SANDRA L. SGROI

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2015-10759 The People, etc., respondent, v James LaRoche, appellant. (Ind. No. 1340-14)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered September 14, 2015, and for leave to prosecute the appeal pro se. Separate motion by the appellant pro se for leave to serve and file a supplemental brief.

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

ORDERED that the motion to relieve assigned counsel and for leave to prosecute the appeal pro se is denied; and it is further,

ORDERED that the motion 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; 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 on the Court's own motion, the respondent's time to serve and file a brief is enlarged until May 18, 2017, and the respondent's brief shall be served and filed on or before that date.

HALL, J.P., SGROI, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court