People v Gilbert, Jan
Motion No: 2012-02821
Slip Opinion No: 2013 NY Slip Op 75066(U)
Decided on May 28, 2013
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M156144

E/sl

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

THOMAS A. DICKERSON

SHERI S. ROMAN, JJ.

2012-02821

The People, etc., respondent,

v Jan Gilbert, appellant.

(Appeal No. 1)

(Ind. No. 9283/10)

DECISION & ORDER ON MOTION

2012-04332

The People, etc., respondent,

v Mikhail Isakov, also known as Mikhail Izaikov,

also known as Mikhail Izraikov, appellant.

(Appeal No. 2)

(Index No. 9283/10)

2012-04333

The People, etc., respondent,

v Arthur Ibragimov, appellant.

(Appeal No. 3)

(Index No. 9283/10)

2012-04334

The People, etc., respondent,

v David Ibragimov, also known as

David Ibragmchayev, appellant.

(Appeal No. 4)

(Index No. 9283/10)

2012-04338

The People, etc., respondent,

v MB Globus, LLC, appellant.

(Appeal No. 5)

(Index No. 9283/10)

2012-04339

The People, etc., respondent,

v AN International, LLC, appellant.

(Appeal No. 6)

(Index No. 9283/10)

2012-04340

The People, etc., respondent,

v MA Concord, LLC, appellant.

(Appeal No. 7)

(Index No. 9283/10)

2012-04341

The People, etc., respondent,

v NA Continental Group, LLC, appellant.

(Appeal No. 8)

(Index No. 9283/10)

2012-04346

The People, etc., respondent,

v SI Premier Enterprises, LLC, appellant.

(Appeal No. 9)

(Ind. No. 9283/10)

Motion by the appellant Jan Gilbert on an appeal from a judgment of the Supreme Court, Kings County, rendered February 28, 2012, inter alia, for leave to adopt the joint brief and appendix filed in connection with appeals by his codefendants from five judgments of the Supreme Court, Kings County, rendered April 4, 2012, and three judgments of the same court rendered April 5, 2012, respectively. Application by the People for leave to serve and file a supplemental brief relating to the appeal by Jan Gilbert.

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

ORDERED that the motion is granted to the extent that the appellant Jan Gilbert may adopt the joint brief and appendix filed in connection with the appeals by his codefendants, and the motion is otherwise denied; and it is further,

ORDERED that the respondent may serve and file a supplemental brief, relating to the appeal by Jan Gilbert, on or before July 22, 2013; and it is further,

ORDERED that on or before June 21, 2013, the appellant Jan Gilbert 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, Jan Gilbert, 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.

JAN GILBERT

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 Jan Gilbert, 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

MASTRO, J.P., DILLON, DICKERSON and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court