Appellate Division: Second Judicial Department

M264370

E/mm

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ.

2017-08719 The People, etc., respondent, v Robert Cobb, appellant. (Ind. No. 16-00804)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a judgment of the County Court, Westchester County, rendered July 5, 2017, for summary reversal or, in the alternative, to relieve counsel assigned to prosecute the appeal and for leave to prosecute the appeal pro se. By decision and order on motion of this Court dated November 22, 2017, the appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted, and by decision and order on motion of this Court dated February 28, 2019, counsel was relieved and the following named attorney was assigned as counsel to prosecute the appeal:

Arza R. Feldman

626 RXR Plaza

West Tower, 6th Floor

Uniondale, New York 11556

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

ORDERED that the branch of the motion which is for summary reversal is denied; and it is further,

ORDERED that the branch of the motion which is to relieve counsel assigned to prosecute the appeal and for leave to prosecute the appeal pro se is granted; and it is further,

ORDERED that Arza R. Feldman is directed to deliver any transcripts of the proceedings in her possession and all papers on the appeal 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 appeal is enlarged; the appellant shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) 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, Robert Cobb, 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.

Robert Cobb

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 Robert Cobb, 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

MASTRO, J.P., DILLON, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court