Appellate Division: Second Judicial Department

M253759

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2017-00112 The People, etc., respondent v Nicholas Clark, appellant. (Ind. No. 15-00424)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the Supreme Court, Rockland County, rendered January 3, 2017, in effect, for leave to proceed pro se upon the brief filed by his former retained counsel and a supplemental brief to be filed by him.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and the appellant shall serve and file a supplemental brief on or before October 5, 2018; and it is further,

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

WAIVER OF RIGHT TO APPELLATE COUNSEL

I, Nicholas Clark, 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.

Nicholas Clark

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 Nicholas Clark, 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 he executed the same, and that by his signature on the instrument, the individual executed the instrument.

Notary Public

DILLON, J.P., LEVENTHAL, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court