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People v. Kwas

Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts
Mar 11, 2015
2015 N.Y. Slip Op. 68364 (N.Y. App. Term 2015)

Opinion

Motion No: 2012-01081 NCR

03-11-2015

The People of the State of New York, Respondent, v. Matthew Kwas, Appellant.


ANGELA G. IANNACCI

BRUCE E. TOLBERT, 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 District Court of Nassau County, First District, rendered May 1, 2012, and for leave to proceed pro se.

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 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 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. Page 1 WAIVER OF RIGHT TO APPELLATE COUNSEL

I, Matthew Kwas, 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.

Matthew Kwas

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 Matthew Kwas, 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


Summaries of

People v. Kwas

Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts
Mar 11, 2015
2015 N.Y. Slip Op. 68364 (N.Y. App. Term 2015)
Case details for

People v. Kwas

Case Details

Full title:The People of the State of New York, Respondent, v. Matthew Kwas…

Court:Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Mar 11, 2015

Citations

2015 N.Y. Slip Op. 68364 (N.Y. App. Term 2015)