| THE PEOPLE V ANGEL MALDONADO |
| Motion No: KA 13-00307 |
| Slip Opinion No: 2013 NY Slip Op 84338(U) |
| Decided on September 4, 2013 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 13-00307
Indictment No: 2010-2083
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V
ANGEL MALDONADO, DEFENDANT-APPELLANT. |
Defendant having moved to proceed pro se on the appeal taken from the judgment of Supreme Court, Erie County rendered January 7, 2013, and for other relief,
Now, upon reading and filing the affidavit of Angel Maldonado sworn to July 15, 2013, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated July 29, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice.
Memorandum: Defendant is not entitled to self-representation with an assigned standby appellate counsel. Defendant may renew his motion seeking permission to proceed pro se based upon the submission of an affidavit establishing that any waiver of counsel is knowing and intelligent.
Entered: September 4, 2013
Frances E. Cafarell, Clerk