Appellate Division: Second Judicial Department

M118967

E/sl

JOSEPH COVELLO, J.P.

L. PRISCILLA HALL

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2010-05498 The People, etc., respondent, v Eric G. Witherspoon, appellant. (Ind. No. 1111-08)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered April 14, 2010, and for leave to prosecute the appeal pro se. Separate motion by the appellant pro se for leave to file a supplemental brief. The appellant's motion to dispense with printing and for the assignment of counsel was granted on July 29, 2010, and the following named attorney was assigned to prosecute the appeal:

Joseph R. Faraguna, Esq.

P.O. Box 122

Sag Harbor, New York 11963

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

ORDERED that the motion to relieve assigned counsel and prosecute the appeal pro se is granted; and it is further,

ORDERED that the motion for leave to file a supplemental brief is denied as unnecessary; and it is further,

ORDERED that counsel assigned to prosecute the appeal 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, 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 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; 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 Eric G. Witherspoon, 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. I understand that if I elect to waive my right to counsel and I am incarcerated at the time my appeal is heard, the Court will not permit me to present oral argument. 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 of things, write an appellate brief.

Eric G. Witherspoon

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 Eric G. Witherspoon, 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

COVELLO, J.P., HALL, COHEN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court