Appellate Division: Second Judicial Department

M261602

V/

REINALDO E. RIVERA, J.P.

MARK C. DILLON

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX, JJ.

2017-11779, 2017-11780 The People, etc., respondent, v Michael Walker, appellant. (Ind. Nos. 7835/16, 272/17)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute appeals from two judgments of the Supreme Court, Kings County, both rendered August 30, 2017, and for leave to prosecute the appeals pro se. The appellant's motions for leave to prosecute the appeals as a poor person was granted on January 2, 2018, and January 16, 2018, respectively, and the following named attorney was assigned as counsel to prosecute the appeals:

Paul Skip Laisure

Appellate Advocates

111 John Street - 9th Floor

New York, New York 10038

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted, and counsel assigned to prosecute the appeals is relieved of the assignment and is directed to deliver any transcripts of the proceedings in his possession and all papers on the appeals to the Clerk of this Court, who shall deliver same to the person in charge of the institution wherein the appellant is incarcerated for the appellant's examination and use. The transcript shall be returned to this court when the appellant files his appellate brief; and it is further,

ORDERED that the appellant's time to perfect the appeals is extended; the appellant shall prosecute the appeals expeditiously in accordance with this Court's rules (see 22 NYCRR 1250.9) and written directions; and it is further,

ORDERED that at the time the appellant serves and files his 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 understand that I have the right to be represented by an attorney in prosecuting my appeals. 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 appeals are 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 appeals. 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.

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 , 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

RIVERA, J.P., DILLON, AUSTIN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

17-A-3801

Sullivan Corr. Fac.

325 Riverside Dr.

PO Box 116

Fallsburg, NY 12733