Appellate Division: Second Judicial Department

M107996

E/sl

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

ARIEL E. BELEN

PLUMMER E. LOTT, JJ.

2010-02887 The People, etc., respondent, v Bennie Gibson, appellant. (Ind. No. 285/09)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered March 10, 2010, and for leave to prosecute the appeal pro se. The appellant's motion for leave to prosecute the appeal as a poor person was granted on May 6, 2010, and the following named attorney was assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted, counsel assigned to prosecute the appeal is relieved, and is directed to turn over all papers in the action to the Clerk of this court, who shall deliver same to the person in charge of the institution wherein the appellant is incarcerated for the appellant's examination and use. The transcript shall be returned to this court when the appellant files his appellate brief; and it is further,

ORDERED that at the time the appellant serves and files his brief he shall file a waiver of his right to appellate counsel in the form set forth below, acknowledged before a notary public:

WAIVER OF RIGHT TO APPELLATE COUNSEL

I, Bennie Gibson, 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.

Bennie Gibson

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

ANGIOLILLO, J.P., DICKERSON, ENG, BELEN and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

Appellant's Address:

10-A-1358

Adirondack Corr. Fac.

P.O. Box 110

Raybrook, New York 12977-0110