Appellate Division: Second Judicial Department

M132328

E/sl

MARK C. DILLON, J.P.

ANITA R. FLORIO

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2011-03346 The People, etc., respondent, v Raymond Griffin, appellant. (Ind. Nos. 2221-08, 1727-99)

DECISION & ORDER ON MOTION

Motion by the appellant to release him on his own recognizance, or, in the alternative, to fix bail pending hearing and determination of on an appeal, by permission, from an order of the County Court, Suffolk County, dated December 21, 2010, for leave to prosecute the appeal as a poor person, and for leave to file exhibits to his brief.

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

ORDERED that the branch of the motion which is to release the appellant on his own recognizance, or, in the alternative, to fix bail is denied as such relief is not available on this appeal (see CPL 460.50); and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal as a poor person is granted, and the appeal 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 any hearing held in connection with the order dated December 21, 2010, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that the clerk of the trial court shall file one certified transcript of each of the proceedings set forth above with the Clerk of this Court, without charge (see CPL 460.70); the Clerk of this Court, or her designee, 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 and file the copy with the Clerk of the Court; 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 in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing the appellant or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that the branch of the motion which is for leave to proceed pro se is granted on condition that the appellant file a waiver of the right to appellate counsel, properly acknowledged before a notary, in the form set forth below, when he files his brief:

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.

Raymond Griffin

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 Raymond Griffin, 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

ORDERED that the Clerk of the Court, or her designee, is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken; and it is further,

CERTIFIED that the branch of the motion which is for leave to file exhibits to the appellant's brief bail is denied.

DILLON, J.P., FLORIO, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court