Appellate Division: Second Judicial Department

M37936

T/sl

THOMAS A. ADAMS, J.P.

REINALDO E. RIVERA

PETER B. SKELOS

ROBERT A. LIFSON, JJ.

2006-00790 The People, etc., respondent, v Salim Abdul-Malik, a/k/a Von Knowlden, appellant. (Ind. No. 2864/98)

DECISION & ORDER ON MOTION

Motion by the defendant, in effect, pursuant to CPL 460.30 for an extension of time to take an appeal from a resentence of the Supreme Court, Queens County, rendered October 19, 2005, for leave to prosecute the appeal as a poor person, for leave to proceed pro se, and for leave to serve and file an oversized brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the branches of the motion which are for an extension of time to take an appeal and for leave to prosecute the appeal as a poor person are granted; and it is further,

ORDERED that the defendant's moving papers are deemed to constitute a timely notice of appeal; and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's motion papers; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the resentencing proceeding held in this action on October 19, 2005, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of the resentencing hearing to the Clerk of this court, who shall deliver same to the person in charge of the institution wherein the appellant is incarcerated for the appellant's examination and use. The transcripts shall be returned to this court when the appellant files his brief; and it is further,

ORDERED that the appellant's time to perfect the appeals is enlarged; upon delivery of the above-referenced transcripts 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; and it is further,

ORDERED that the branch of the motion which is for leave to serve and file an oversized brief is denied without prejudice to renewal when the brief is prepared; and it is further,

ORDERED that the branch of the motion which is for leave to proceed pro se is granted on condition that upon the filing of his appellate brief with this court, the appellant shall also file a properly executed waiver of his right to appellate counsel, which waiver shall read as follows:

WAIVER OF RIGHT TO APPELLATE COUNSEL

I understand that I have the right to be represented by an attorney in prosecuting my appeal. If I cannot afford to retain counsel, one will be assigned to represent me at State expense. Knowing these rights I voluntarily elect to waive them and to represent myself on the appeal. I have not been forced to waive my rights and I believe myself to be of sufficient intelligence and ability to properly protect my own interests without the assistance of a lawyer to, among other things, write an appellate brief.

Salim Abdul-Malik, a/k/a Von Knowlden

State of

County of

On the day of in the year before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same, and that by his signature on the instrument, the individual executed the instrument.

Notary Public

 ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order upon the Clerk of the court from which the appeals are taken.

ADAMS, J.P., RIVERA, SKELOS and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court