Appellate Division: Second Judicial Department

M93642

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

HOWARD MILLER

L. PRISCILLA HALL, JJ.

2008-05920 The People, etc., respondent, v Shawn Kuar, appellant. (Ind. No. 1202-08)

DECISION & ORDER ON MOTION Motion Pro se to Relieve Counsel of Assignment

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered May 28, 2008, and for leave to proceed pro se, and to file a brief, with exhibits. On November 12, 2008, the appellant's motion to dispense with printing and for 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 the branch of the motion which is to relieve counsel assigned to prosecute the appeal is 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; and it is further,

ORDERED that the branch of the motion which is for leave to proceed pro se is granted; and it is further,

ORDERED that on or before December 31, 2009, the appellant shall file a properly executed waiver of his right to appellate counsel, which waiver shall read as set 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.

Shawn Kuar

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 Shawn Kuar 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 branch of the motion which is for leave to file a certain brief, with exhibits, is granted to the extent that upon receipt of the properly executed waiver of the right to appellate counsel, the brief that was submitted to the Clerk of the court will be accepted for filing, except that Point II and Exhibit F will be stricken, by the Clerk of this court or his designee.

RIVERA, J.P., FLORIO, MILLER and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court