Opinion
KA 14-00808 Indictment No. 13-04-060
09-08-2014
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. WILLIAM R. PALMER, 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 Ontario County Court, rendered February 20, 2014, and for other relief,
Now, upon reading and filing the affidavit of William R. Palmer sworn to July 12, 2014, and the statements of William R. Palmer dated July 11, 2014 and August 8, 2014, the notice of motion with proof of service thereof, the affirmation of Heather Parker Hines, Esq. filed August 22, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
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 with proof of service of said motion upon the necessary parties. Defendant has failed to establish a compelling and particularized need for the disclosure of the grand jury minutes to him (see People v Robinson, 98 NY2d 755, 756).
Entered: September 8, 2014
Frances E. Cafarell, Clerk