Opinion
2021-75646 Ind. 3866/2013
12-08-2021
The People, etc., respondent, v. Benjamin Braxton, appellant. Motion No. 2016-06741
Unpublished Opinion
MOTION DECISION
SYLVIA O. HINDS-RADIX, J.P., COLLEEN D. DUFFY, FRANCESCA E. CONNOLLY, LARA J. GENOVESI, JJ.
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, Kings County, rendered May 12, 2016, and for leave to prosecute the appeal pro se. The appellant's motion for leave to prosecute the appeal as a poor person was granted on October 15, 2019, and the following named attorney was assigned as counsel to prosecute the appeal:
Patricia Pazner
Appellate Advocates
111 John Street - 9th Floor
New York, New York 10038
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 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 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, Benjamin Braxton, 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.
State of
County of
On the day of in the year 202__, before me, the undersigned, a Notary Public in and for said State, personally appeared Benjamin Braxton, 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.
Benjamin Braxton
Notary Public
HINDS-RADIX, J.P., DUFFY, CONNOLLY and GENOVESI, JJ., concur.