Appellate Division: Second Judicial Department

M273028

E/afa

REINALDO E. RIVERA, J.P.

MARK C. DILLON

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2020-00926 The People, etc., respondent, v Robert F. Hudson, appellant. (Ind. No. 136/2018)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Dutchess County, rendered January 21, 2020. Motion by assigned counsel to be relieved of the assignment to prosecute the appeal. Separate motion by the appellant pro se to relieve assigned counsel, for leave to proceed pro se, to expedite the appeal, to subpoena transcripts, and to continue his status as a poor person. The appellant's motion for poor person relief and for assignment of counsel was granted on March 16, 2020, and the following named attorney was assigned as counsel to prosecute the appeal:

Kelley M. Enderley

222 Church Street - 1st Floor

Poughkeepsie, NY 12601

Upon the papers filed in support of the motion by assigned counsel and the papers filed in relation thereto, and upon the papers filed in support of the motion by the appellant pro se and the papers filed in opposition thereto, it is

ORDERED that the motion by assigned counsel and the branch of the motion by the appellant pro se to relieve assigned counsel are granted, and said assigned counsel is directed to deliver any transcripts of the proceedings in her possession and all papers in the action to the Clerk of the Court; and it is further,

ORDERED that the branch of the motion by the appellant pro se which is to expedite the appeal is denied; and it is further,

ORDERED that the branch of the motion by the appellant pro se which is to subpoena the transcripts is denied as unnecessary; and it is further,

ORDERED that the branch of the motion by the appellant pro se which is to continue the appellant's poor person status is granted; and it is further,

ORDERED that the branch of the motion by the appellant pro se for leave to proceed pro se is granted; and it is further,

ORDERED that the appellant's time to perfect the appeal is extended. Appellant shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 1250.9) 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, Robert F. Hudson, 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 F. Hudson

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 F. Hudson, 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, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court