Opinion
KA 13-00307 Indictment No: 2010-2083
09-04-2013
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ANGEL MALDONADO, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Defendant having moved to proceed pro se on the appeal taken from the judgment of Supreme Court, Erie County rendered January 7, 2013, and for other relief,
Now, upon reading and filing the affidavit of Angel Maldonado sworn to July 15, 2013, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq. dated July 29, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice.
Memorandum: Defendant is not entitled to self-representation with an assigned standby appellate counsel. Defendant may renew his motion seeking permission to proceed pro se based upon the submission of an affidavit establishing that any waiver of counsel is knowing and intelligent.
Frances E. Cafarell, Clerk