| THE PEOPLE V RICHARD F. MILLS Indictment No: 4639 |
| Motion No: KA 12-00445 |
| Slip Opinion No: 2014 NY Slip Op 89422(U) |
| Decided on October 24, 2014 |
| 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: SMITH, J.P., FAHEY, PERADOTTO, AND VALENTINO, JJ.
KA 12-00445
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V RICHARD F. MILLS, DEFENDANT-APPELLANT. Indictment No: 4639 |
Appellate counsel having moved to withdraw the CPL 460.20 application filed before this Court and appellant having moved to strike said application and for permission to proceed pro se,
Now, upon reading and filing the affirmation of Timothy P. Murphy, Esq. dated September 16, 2014, the notices of motion with proof of service thereof, the affidavits of Richard Mills sworn to September 6, 2014 and September 9, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion of assigned counsel is granted, and
It is further ORDERED that the pro se motion is denied.
Memorandum: Defendant may move for permission to proceed pro se based upon the submission of an affidavit establishing that any waiver of counsel is knowing and intelligent with proof of service of said motion upon all necessary parties.
Entered: October 24, 2014
Frances E. Cafarell, Clerk