Appellate Division: Second Judicial Department

M259449

V/

REINALDO E. RIVERA, J.P.

JEFFREY A. COHEN

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2017-09423 The People, etc., respondent, v Julio C. Herrejon, appellant. (Ind. No. 17-00043)

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, Orange County, rendered July 24, 2017, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on August 8, 2018, and the following named attorney was assigned to prosecute the appeal:

Richard L. Herzfeld

112 Madison Avenue, 8th Floor

New York, NY 10016

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

ORDERED that the motion is denied; and it is further,

ORDERED that on the Court's own motion, the appellant is granted leave to serve and file a supplemental pro se brief on the appeal; 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 an original and five hard 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., COHEN, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court