Opinion
Motion No: 2009-07952 Ind. No. 2346/08 M126522
09-30-2011
The People, etc., respondent, v. Marcel C. Bristol, appellant.
, J.P.
THOMAS A. DICKERSON
CHERYL E. CHAMBERS
PLUMMER E. LOTT, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant pro se for leave to reargue his prior motion to relieve assigned counsel on an appeal from a judgment of the Supreme Court, Nassau County, rendered September 17, 2009, and for the assignment of new counsel, which was determined by decision and order on motion dated April 12, 2011, and for leave to serve and file a supplemental brief and to be furnished with a copy of the typewritten transcript 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 which is for leave to reargue his prior motion to relieve assigned 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 is granted; and it is further,
ORDERED that the District Attorney shall file the transcript of the proceedings, if any, and the Clerk of this Court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript 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,
Upon delivering the minutes to the institution, the Clerk of this Court shall advise the appellant of the date by which the minutes are to be returned and the brief filed.
ANGIOLILLO, J.P., DICKERSON, CHAMBERS and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court