Appellate Division: Second Judicial Department

M135752

V/

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2011-11908 The People, etc., respondent, v Jerrell Miller, appellant. (Ind. No. 786/10)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to dispense with printing on an appeal from a judgment of the Supreme Court, Queens County, rendered December 15, 2011, and for a copy of the typewritten transcripts of the stenographic minutes, without charge.

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

ORDERED that that branch of the motion which is for leave to dispense with printing is denied as unnecessary (see 22 NYCRR 670.9[d][1][viii]); and it is further,

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

ORDERED that 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 the proceedings, if any, 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 deliver one certified transcript of each of the proceedings set forth above to the Clerk of this Court, without charge (see CPL 460.70), and 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; 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 deliver the copy to the Clerk of this Court for delivery to the person in charge of the institution wherein the appellant is incarcerated, for examination by the appellant; this transcript shall also be returned to this Court when the appellant files a brief; and it is further,

ORDERED that the Clerk of the Court, or her designee, shall serve a copy of this order upon the clerk of the court from which the appeal is taken; 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, Jerrell Miller, 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 other things, write an appellate brief.

Jerrell Miller

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 Jerrell Miller, 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

RIVERA, J.P., FLORIO, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court