Appellate Division: Second Judicial Department

M58422

F/

HOWARD MILLER, J.P.

ROBERT W. SCHMIDT

MARK C. DILLON

EDWARD D. CARNI, JJ.

2006-04534 The People, etc., respondent, v James Curry, appellant. (Ind. No. 2067-04)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from an order of the County Court, Suffolk County, dated March 28, 2006, and for leave to prosecute the appeal pro se.

On October 25, 2006, the appellant's motion to dispense with printing and for the assignment of counsel was granted and the following named attorney was assigned as counsel to prosecute the appeal:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion granted; and it is further,

ORDERED that the assigned counsel is relieved of the assignment and is directed to deliver any transcripts of the proceedings in his possession and all papers on the appeal 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 transcript shall be returned to this court when the appellant files his appellate brief; and it is further,

ORDERED that at the time the appellant files his brief he shall file a waiver of right to appellate counsel which shall read as follows:

WAIVER OF RIGHT TO APPELLATE COUNSEL

I have been advised that (1) I have the right to be represented by an attorney in prosecuting my appeal, and (2) if I cannot afford to retain counsel, one will be assigned to represent me at State expense. Knowing these rights I have voluntarily elected 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.

James Curry

State of )

) ss.

County of )

On the day of in the year before me, the undersigned, a Notary Public in and for said State, personally appeared James Curry 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

and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; appellant shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1 et seq) and written directions; and it is further,

ORDERED that the appellant shall file nine copies of his brief and serve one copy on the District Attorney.

MILLER, J.P., SCHMIDT, DILLON, and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Attorney's Address:

04 A 5919

Attica Correctional Facility

Box 149

Attica, New York 14011