Opinion
Motion No: 2013-00614 RICR
08-07-2015
The People of the State of New York, Respondent, v. Younggi Kim, Appellant.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Motion by appellant pro se to relieve counsel assigned to represent appellant on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Richmond County, rendered February 20, 2013.
Upon the papers filed in support of the motion and the papers filed in opposition 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 his possession and all papers on the appeal to appellant; and it is further,
ORDERED that assigned counsel's brief is stricken and appellant's time to perfect the appeal is enlarged to 30 days from the date of this decision and order on motion; and it is further,
ORDERED that respondent's brief is stricken and respondent shall have 14 days from the date that the pro se brief is due to be served and filed pursuant to this decision and order on motion in which to serve and file a replacement respondent's brief; 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, Younggi Kim, 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 other things, write an appellate brief.
Younggi Kim State of
County of
On the day ________ of in the year of _____ before me, the undersigned, a Notary Public in and for said State, personally appeared Younggi Kim, 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
ENTER:
Paul Kenny
Chief Clerk