Appellate Division: Second Judicial Department

M266391

E/sl

ALAN D. SCHEINKMAN, P.J.

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2018-03747 The People, etc., respondent, v William C. Bussey, appellant. (Ind. No. 1542/17)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Nassau County, rendered February 16, 2018, and for leave to proceed pro se. By decision and order on motion of this Court dated July 13, 2018, the appellant was granted poor person relief and the following attorney was assigned as counsel on the appeal: Judah Maltz, 125-10 Queens Blvd., Suite 12, Kew Gardens, NY 11415. By decision and order on motion of this Court dated February 6, 2019, this Court directed that the appellant be furnished with the transcripts of certain proceedings.

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 appeal is relieved of the assignment; and it is further,

ORDERED that the briefs filed by the appellant and the respondent are stricken, and so much of a decision and order on motion of this Court dated July 16, 2019, as granted the appellant's motion for leave to serve and file a supplemental brief is recalled and vacated, and the motion is denied; and it is further,

ORDERED that former assigned counsel is directed to deliver any transcripts of the proceedings in his 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, William C. Bussey, 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.

William C. Bussey

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 William C. Bussey, 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

SCHEINKMAN, P.J., LASALLE, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court