Appellate Division: Second Judicial Department

M254127

E/sl

LEONARD B. AUSTIN, J.P.

JEFFREY A. COHEN

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2016-05097 The People, etc., respondent, v Alderay Simmonds, appellant. (Ind. No. 1701/15)

DECISION & ORDER ON MOTION

2017-11879

The People, etc., plaintiff,

v Alderay Simmonds, defendant.

(Ind. No. 1701/15)

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered April 25, 2016, and for the assignment of new counsel, for leave to serve and file a supplemental brief, and to be furnished with copies of the typewritten transcripts of the proceedings, if any, to aid in the preparation of the pro se supplemental brief, and to consolidate the appeal from the judgment with an appeal from an order of the same court dated October 13, 2017.

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 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 supplemental brief and to be furnished with copies of the typewritten transcripts of the proceedings, if any, to aid in the preparation of the 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 the branch of the motion which is to consolidate the appeal from the judgment with an appeal from the order dated October 13, 2017, is denied as academic as leave to appeal from the order was denied by decision and order on application of this Court dated August 14, 2018.

AUSTIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court