Appellate Division: Second Judicial Department

M262239

E/mm

LEONARD B. AUSTIN, J.P.

JOHN M. LEVENTHAL

SHERI S. ROMAN

HECTOR D. LASALLE, JJ.

2017-02401, 2019-04462 The People, etc., respondent, v Melinda S. Luck, appellant. (Ind. No. 07/16)

DECISION & ORDER ON MOTION

Appeals from a judgment of the County Court, Putnam County, rendered January 11, 2017, and a resentence of the same court imposed March 29, 2017.

On the Court's own motion, it is

ORDERED that the appellant will be granted leave to prosecute the appeal from the resentence pro se, on a brief filed in connection with the appeal from the judgment, if the appellant files a waiver of her right to appellate counsel with respect to the resentence, in the form set forth below, acknowledged before a notary public:

WAIVER OF RIGHT TO APPELLATE COUNSEL

I, Melinda S. Luck, understand that I have the right to be represented by an attorney in prosecuting my appeal from the resentence. If I cannot afford to retain counsel, one will be assigned to represent me at State expense. I further understand that an appellant who waives her right to counsel is not permitted to be present at oral argument, if incarcerated at the time of oral argument. Knowing these rights I voluntarily elect to waive them and to represent myself on the appeal from the resentence. 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.

Melinda S. Luck

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 Melinda S. Luck, 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.

AUSTIN, J.P., LEVENTHAL, ROMAN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court