| PEOPLE V PATRICK M. HACKETT, ALSO KNOWN AS PATRICK HACKETT Indictment No: 5653 |
| Motion No: KA 15-00043 |
| Slip Opinion No: 2016 NY Slip Op 70403(U) |
| Decided on April 13, 2016 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
KA 15-00043
| PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, V PATRICK
M. HACKETT, ALSO KNOWN AS PATRICK HACKETT, DEFENDANT-APPELLANT. Indictment No: 5653 |
Appellant having moved for the substitution of counsel on an appeal taken from a judgment of Genesee County Court, rendered November 13, 2014, and for other relief,
Now, upon reading and filing the statements of Patrick M. Hackett dated January 25, 2016, February 15, 2016, February 26, 2016, March 10, 2016 and March 21, 2016, the notices of motion with proof of due service thereof, the notice of substitution of counsel signed by Patrick M. Hackett on January 26, 2016 and signed by David J. Pajak, Esq. on February 4, 2016, the statement of David J. Pajak, Esq. dated February 5, 2016 and the affirmation of David J. Pajak, Esq. dated March 8, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion seeking substitution of counsel and for other relief is granted to the extent that David J. Pajak, Esq. is relieved of his representation of appellant relative to said appeal, and
It is further ORDERED that the order entered February 3, 2015 is vacated, and
It is further ORDERED that David J. Pajak, Esq. is directed to remit to the Genesee County Clerk all papers and transcripts of the proceedings upon which the appeal is based that counsel received from the County Clerk, and
It is further ORDERED that the motions are otherwise denied.
Memorandum: Defendant is not entitled to hybrid representation (see People v White, 73 NY2d 468), and he is not entitled to an additional, pro se copy of the record on appeal if represented by assigned counsel. Defendant may renew his motion seeking permission to proceed pro se as a poor person upon the filing and serving of a motion that includes an affidavit from defendant in which he establishes that his waiver of counsel is knowing and intelligent. If defendant wishes to move for permission to proceed as a poor person with assigned counsel, he must do so by filing a formal motion for such relief, on notice, pursuant to 22 NYCRR 1000.14.
Entered: April 13, 2016
Frances E. Cafarell, Clerk