Appellate Division: Second Judicial Department

M207216

S/mv

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2011-09651 The People, etc., respondent, v Richard Greene, appellant. (Ind. No. 2203/09)

ORDER TO SHOW CAUSE

Appeal by Richard Greene from a judgment of the Supreme Court, Queens County, rendered September 15, 2010, convicting him of burglary in the second degree pursuant to Penal Law § 140.25. By decision and order on motion of this Court dated March 6, 2012, the appellant's motion, inter alia, for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted. By decision and order on motion of this Court dated April 9, 2013, the appellant's motion to relieve assigned counsel and for leave to proceed pro se was granted. The appellant proffered a brief to the Court for filing on February 19, 2016. The content of the proffered brief does not appear to relate or have relevance to the judgment appealed from.

Now, on the Court's own motion, it is

ORDERED that the parties are directed to show cause before this Court why an order should or should not be made and entered vacating the decision and order on motion of this Court dated April 9, 2013, on the ground that the appellant "lacks the mental capacity to waive counsel and proceed pro se" (People v Stone, 22 NY3d 520, 527), by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before May 9, 2016, and serving once copy of the same on each other; and it is further,

ORDERED that the following attorney is assigned as counsel for the appellant to assist the appellant in responding to this order to show cause:

Seymour W. James, Jr., Esq.

The Legal Aid Society

199 Water Street - 5th Floor

New York, New York 10038

and it is further;

ORDERED that the Clerk of this Court or her designee is directed to serve a copy of this order to show cause upon the appellant at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and upon the above attorney assigned to represent him, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellants's Address:

212-29 Hillside Ave, #7DEast

Queens Village, NY 11427