Appellate Division: Second Judicial Department

M137179

E/sl

MARK C. DILLON, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2009-11324 The People, etc., respondent, v Kwok Sze, appellant. (Ind. No. 09-00440)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for leave to proceed pro se on an appeal from a judgment of the County Court, Westchester County, rendered October 13, 2009, and to direct the Westchester County District Attorney's office to turn over its "complete criminal file" relating to this matter.

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 direct the Westchester County District Attorney's office to turn over its "complete criminal file" relating to this matter is denied; and it is further,

ORDERED that the branch of the motion which is for leave to proceed pro se is granted; 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, Kwok Sze, 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.

Kwok Sze

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 Kwok Sze, 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 Kwok Sze executed the same, and that Kwok Sze's signature on the instrument, the individual executed the instrument.

Notary Public

DILLON, J.P., DICKERSON, HALL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court