Appellate Division: Second Judicial Department

M67920

S/sl

REINALDO E. RIVERA, J.P.

ROBERT A. SPOLZINO

MARK C. DILLON

RUTH C. BALKIN, JJ.

2006-09283 People of State of New York, respondent, v Rance Smith, appellant.

DECISION & ORDER ON MOTION

Appeal by the defendant from an order of the County Court, Nassau County, dated June 22, 2006. By decision and order on motion dated October 25, 2007, as amended October 29, 2007, the appellant's motion to relieve assigned counsel and to proceed pro se was 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, but wishes to proceed pro se, and upon signing a waiver of the right to appellate counsel, properly acknowledged before a notary. The defendant filed a waiver of right to appellate counsel on November 19, 2007, but did not comply with the other directives contained in the decision and order on motion. Assigned Counsel filed a brief on December 4, 2007, and the respondent filed its brief on January 28, 2008.

Now, on the court's own motion, it is

ORDERED that on or before April 25, 2008, the appellant shall advise this court in writing whether he (1) wishes to strike the brief filed by assigned counsel and proceed pro se, (2) accept the brief filed by assigned counsel and file a pro se supplemental brief, or (3) accept the brief filed by assigned counsel and that he does not wish to file a supplemental brief; and it is further,

ORDERED that if the appellant does not comply with the provisions set forth above by April 25, 2008, the appeal will be calendared using the brief filed by assigned counsel.

RIVERA, J.P., SPOLZINO, DILLON and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court