| People of State of New York v Smith |
| Motion No: 2006-09283 |
| Slip Opinion No: 2007 NYSlipOp 82087(U) |
| Decided on October 25, 2007 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M61617
S/sl
ROBERT A. SPOLZINO, J.P.
GABRIEL M. KRAUSMAN
GLORIA GOLDSTEIN
THOMAS A. DICKERSON, JJ.
|
2006-09283 People of State of New York, respondent, v Rance Smith, appellant.
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decision and order on motion dated October 22, 2007, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from an order of the County Court, Nassau County, dated June 22, 2006, and for leave to prosecute the appeal pro se.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied with leave to renew on or before November 30, 2007, upon submission of the appellant's statement that he understands that he can seek leave to file a supplemental pro se brief after assigned counsel files his brief, and upon submission of a waiver of the right to appellate counsel, properly acknowledged before a notary, in the form set forth below:
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.
James McRae
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 James McRae, 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
SPOLZINO, J.P., KRAUSMAN, GOLDSTEIN and DICKERSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court