Appellate Division: Second Judicial Department

M281475

AFA/

ROBERT J. MILLER, J.P.

JOSEPH J. MALTESE

JOSEPH A. ZAYAS

WILLIAM G. FORD, JJ.

2018-10133 The People, etc., respondent, v Floyd Bruce, appellant. (Ind. No. 2016-00878)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Westchester County, rendered July 23, 2018. Motion by the appellant pro se to relieve assigned counsel, for the assignment of new counsel, or in the alternative, for leave to serve and file a 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 and in relation thereto, it is

ORDERED that the branch of the motion for leave to serve and file a supplemental brief and to be furnished with transcripts 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 the supplemental brief, by mail, and serve one copy on the District Attorney; and it is further,

ORDERED that the motion is otherwise denied.

MILLER, J.P., MALTESE, ZAYAS and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court