Appellate Division: Second Judicial Department

M37660

S/sl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2005-03922 The People, etc., appellant, v Alland Zamor, respondent. (Ind. No. 04-00355)

DECISION & ORDER ON MOTION

The People having appealed from an order of the County Court, Rockland County, dated March 22, 2005, in the above-entitled action, pending against the defendant under Indictment No. 04-00355, and the appeal having been perfected on October 17, 2005, and the respondent having failed to timely file a brief in response thereto, now, in compliance with the requirements of People v Garcia (93 NY2d 42):

THE DEFENDANT IS HEREBY ADVISED

A. that he has the right to the assistance of counsel on the People's appeals;

B. that if he is financially unable to retain counsel he may make an application to this court for the assignment of counsel, and, upon proof of such financial inability, one will be appointed for him;

C. that he has the right to forego the assistance of counsel and to respond to the People's appeals pro se; and

D. that unless within 60 days from the date of service upon him of a copy of this decision and order on motion, together with a copy of the People's brief and appendix on the appeals, the defendant responds to the appeals pro se or by retained counsel, or moves for the assignment of counsel to represent him, or moves for an enlargement of time to respond to the appeals, he shall be deemed to have waived his right to counsel on the appeals and they shall be heard and determined on only the People's brief and appendix, and original record; and,

E. that the address to which the defendant should respond to the appeals pro se or by retained counsel, or to which he should address a written application for the assignment of counsel or for an enlargement of time to respond to the People's appeals is:

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

45 Monroe Place

Brooklyn, New York 11201

ON THE COURT'S OWN MOTION, it is:

ORDERED that the People are directed to serve a copy of this decision and order on motion, together with a copy of their brief and appendix on the appeals upon the defendant by personal delivery of the same to him; and it is further,

ORDERED that the People shall file proof of such service with the Clerk of this court within 20 days of the date hereof; and it is further,

ORDERED that the time of the defendant to respond to the appeals pro se or by retained counsel, or to move for the assignment of counsel, is enlarged until 60 days after the date of service upon him of a copy of this decision and order on motion together with a copy of the brief and appendix on the appeals, and in the event that he fails to so respond to the appeals, or to move for the assignment of counsel within that time, or fails to move for an enlargement of time to respond to the appeals, the defendant shall be deemed to have waived his right to counsel, and the appeals shall be considered and determined on only the People's brief and appendix, and original record; and it is further,

ORDERED that if personal service of a copy of this decision and order on motion cannot be made with due diligence, the People may make ex parte application to this court for an order authorizing alternative methods of service. Such an application shall be supported by affidavit or affidavits detailing the steps taken to find and serve the defendant personally.

PRUDENTI, P.J., FLORIO, MILLER, SCHMIDT and ADAMS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court