Appellate Division: Second Judicial Department

M100235

T/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

HOWARD MILLER

RANDALL T. ENG, JJ.

2009-10395, 2009-10396 The People, etc., respondent, v Paul Salamone, appellant. (Ind. Nos. 2040-08, 472-09)

DECISION & ORDER ON MOTION Motion for Poor Person Relief Appeal from Judgment

On the court's own motion, it is

ORDERED that its decision and order on motion dated March 19, 2010, 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 for leave to prosecute appeals from two judgments of the County Court, Suffolk County, rendered October 6, 2010, as a poor person, and to proceed pro se.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,

ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the Clerk of this court, without charge (see CPL 460.70); the Clerk of this court shall deliver those minutes to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcript shall be returned to this court when the appellant files a brief or informs this court that he is withdrawing the appeal; and it is further,

ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for the Clerk of this court; and it is further,

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

Defendant

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 , 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 Clerk of the court, or his assignee, is directed to serve a copy of this order upon the Clerk of the court from which the appeals are taken.

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

ENTER:

James Edward Pelzer

Clerk of the Court