Opinion
2012-03894 Ind. No. 11-00511 M159686
07-24-2013
The People, etc., respondent, v. Edward J. Vargas, appellant.
, J.P.
PLUMMER E. LOTT
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Orange County, rendered April 10, 2012, 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 December 14, 2012, and the following named attorney was assigned as counsel to prosecute the appeal:
Abbie Goldbas, Esq.Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
185 Genesee Street
Utica, N.Y. 13501
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 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 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, Edward J. Vargas, 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.
Edward J. Vargas
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 Edward J. Vargas, 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
DICKERSON, J.P., LOTT, AUSTIN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court