Opinion
2010-04568 Ind. No. 4319/86 M144147
09-27-2012
The People, etc., respondent, v. Lamonte Johnson, appellant.
, J.P.
JOHN M. LEVENTHAL
ARIEL E. BELEN
PLUMMER E. LOTT, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant to relieve counsel assigned to prosecute an appeal from so much of an order of the Supreme Court, Kings County, dated March 26, 2010, issued pursuant to CPL 440.30(1-a), and for the leave to prosecute the appeal pro se, and for poor person relief. By decision and order on motion of this Court dated January 10, 2011, the appellant was granted leave to prosecute the appeal as a poor person and the following named attorney was assigned as counsel to prosecute the appeal:
Lynn W. L. Fahey, Esq.
Appellate Advocates
2 Rector Street - 10th Floor
New York, New York 10006
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 poor person relief is denied as unnecessary in light of the decision and order on motion dated January 10, 2011; and it is further,
ORDERED that the branch of the motion which is to relieve assigned counsel and for the leave to prosecute the appeal pro se is granted, and former assigned counsel 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, Lamonte Johnson, 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.
Lamonte Johnson
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 Lamonte Johnson, 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
SKELOS, J.P., LEVENTHAL, BELEN and LOTT, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court