PRESENT: WHALEN, P.J., SMITH, LINDLEY, DEJOSEPH, AND NEMOYER, JJ.

KA 12-02145
Indictment No: 2011-0013
KA 12-01720
Indictment No: 2010-1082

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JEFFREY J. TERBORG, DEFENDANT-APPELLANT. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JEFFREY J. TERBORG, DEFENDANT-APPELLANT.

Appellant having moved for reargument of the order of this Court entered January 11, 2018, and for other relief,

Now, upon reading and filing the affidavit of Jeffrey Terborg sworn to January 18, 2018 and the statement of Jeffrey Terborg dated January 24, 2018, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks reargument of the order of this Court entered January 11, 2018 is denied, and

It is further ORDERED that the motion insofar as it seeks to withdraw the brief and appendix submitted by appellate counsel on the appeal taken from the judgment of Supreme Court, Monroe County, rendered August 16, 2012 (KA 12-01720) is denied, and

It is further ORDERED that the motion insofar as it seeks permission to proceed pro se is denied with leave to renew on or before March 12, 2018 on the condition that defendant files and serves a motion seeking that relief, including an affidavit establishing that defendant's waiver of his right to appellate counsel is knowing and intelligent and proof of service of said motion upon all necessary parties.

Entered: February 9, 2018

Mark W. Bennett, Clerk