Appellate Division: Second Judicial Department

M268474

kbp/

LEONARD B. AUSTIN, J.P.

SHERI S. ROMAN

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2018-07773 The People, etc., respondent, v Justin Sindelman, appellant. (Ind. No. 1494N/16)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated December 17, 2019, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Nassau County, rendered June 7, 2018, and for leave to proceed pro se. By decision and order on motion of this Court dated December 31, 2018, the appellant was granted poor person relief and the following attorney was assigned as counsel on the appeal: Leon H. Tracy, 366 N. Broadway Suite 410, #D9, Jericho, New York 11753.

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 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 the appellant's brief shall not be accepted for filing unless the appellant files a waiver of the right to appellate counsel, in the form set forth below, acknowledged before a notary public, when the appellant proffers a brief for filing:

WAIVER OF RIGHT TO APPELLATE COUNSEL

I, Justin Sindelman, 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.

Justin Sindelman

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 Justin Sindelman, 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

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

ENTER:

Aprilanne Agostino

Clerk of the Court