THE PEOPLE V JAVELL FOX
Motion No: KA 13-01962
Slip Opinion No: 2018 NY Slip Op 65546(U)
Decided on February 23, 2018
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.


February 23, 2018

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

KA 13-01962
Indictment No: 11-455

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JAVELL FOX, DEFENDANT-APPELLANT.


Defendant having moved for reassignment of counsel on the appeal taken from judgment of Supreme Court, Oneida County, rendered September 20, 2013,

Now, upon reading and filing the statement of Javell Fox dated January 13, 2018, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Memorandum: Defendant may file a pro se supplemental brief once appellate counsel files a brief (see 22 NYCRR 1000.3[f]; 1000.13[q]), or he may move for 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 the right to counsel is knowing and intelligent.

Entered: February 23, 2018

Mark W. Bennett, Clerk