Appellate Division: Second Judicial Department

M303286

AFA/

CHERYL E. CHAMBERS, J.P.

PAUL WOOTEN

HELEN VOUTSINAS

LAURENCE L. LOVE, JJ.

2018-08614 The People, etc., respondent, v Lamont McLean, appellant. (Ind. No. 878/2016)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Westchester County, rendered June 7, 2018. Motion by the appellant pro se to relieve assigned counsel and for the assignment of new counsel, in effect, for leave to serve and file a supplemental brief in connection with the brief filed pursuant to Anders v California (386 US 738), 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 for the assignment of new counsel is denied; and it is further,

ORDERED that the branch of the motion which is, in effect, for leave to serve and file a supplemental brief in connection with the brief filed pursuant to Anders v California (386 US 738), 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 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., WOOTEN, VOUTSINAS and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court