Appellate Division: Second Judicial Department

M280745

AFA/

CHERYL E. CHAMBERS, J.P.

BETSY BARROS

JOSEPH A. ZAYAS

DEBORAH A. DOWLING, JJ.

2017-12501 The People, etc., respondent, v Jose M. Gomez, appellant. (Ind. No. 1990/2016)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Suffolk County, rendered October 2, 2017. Motion by the appellant pro se to relieve counsel assigned to prosecute the appeal, for leave to prosecute the appeal pro se or, in effect, for leave to file a pro se 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 opposition thereto, it is

ORDERED that the branch of the motion which is to relieve assigned counsel and proceed pro se is denied; and it further,

ORDERED that the branch of the motion which is to 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; 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 copy of the supplemental brief, by mail, 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.

CHAMBERS, J.P., BARROS, ZAYAS and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court