Appellate Division: Second Judicial Department

M211273

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2015-10756 The People, etc., respondent, v Patricia Trabucco, appellant (Ind. No. 252/14)

DECISION & ORDER ON MOTION

Motion by Robert G. Leino for leave to withdraw as counsel for the appellant on an appeal from a judgment of the Supreme Court, Suffolk County, rendered September 9, 2015. Separate motion by the appellant pro se for leave to proceed pro se. Separate motion by the appellant pro se to enlarge the judgment roll, to settle the transcripts, and to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion for leave to withdraw as counsel and the papers filed in relation thereto, upon the papers filed in support of the motion for leave to proceed pro se and the papers filed in relation thereto, and upon the papers filed in support of the motion, inter alia, to enlarge the judgment roll and the papers filed in opposition and in relation thereto, it is

ORDERED that the motion for leave to withdraw as counsel is denied as unnecessary as counsel has been discharged by the appellant; and it is further,

ORDERED that the motion for leave to proceed pro se is granted ; and it is further,

ORDERED that the branch of the motion which is to enlarge the judgment roll is denied as unnecessary with respect to transcripts of the hearing, plea, and sentencing, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to settle the transcripts is denied without prejudice to seeking relief in the Supreme Court, Suffolk County; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged, and the appellant shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that at the time the appellant serves and files her brief she shall file a waiver of her right to appellate counsel in the form set forth below, acknowledged before a notary public:

WAIVER OF RIGHT TO APPELLATE COUNSEL

I, Patricia Trabucco, 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.

Patricia Trabucco

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 Patricia Trabucco, 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 she executed the same, and that by her signature on the instrument, the individual executed the instrument.

Notary Public

DILLON, J.P., CHAMBERS, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court