Appellate Division: Second Judicial Department

M61779

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 25, 2007, in the above-entitled case is amended by deleting the "WAIVER OF RIGHT TO APPELLATE COUNSEL" which appears on page 2 and substituting therefor the following:

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.

Rance Smith

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 Rance Smith, 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