Opinion
Motion No. 2023-01196 Ind. No. 70672/2021
04-21-2023
The People, etc., respondent, v. Lumumba K. Woods, appellant.
Unpublished Opinion
MOTION DECISION
M288579
COLLEEN D. DUFFY, J.P., CHERYL E. CHAMBERS, LINDA CHRISTOPHER, BARRY E. WARHIT, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of the County Court, Nassau County, rendered January 24, 2023, following a trial. Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for leave to proceed pro se.
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 it is further, ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further, ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further, ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further, ORDERED that the Clerk of the trial court shall file one certified transcript of each of the proceedings set forth above to the Clerk of this Court, without charge (see CPL 460.70) and the Clerk of this Court, or her designee, shall deliver those transcripts to the person in charge of the institution wherein the appellant is incarcerated for examination by the appellant; the transcripts shall be returned to this Court when the appellant files a brief; the Clerk of this Court, or her designee, shall provide a copy of the transcript to the respondent after the appellant's brief has been filed; and it is further, ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof and furnish that copy to the Clerk of this Court; 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, Lumumba K. Woods, 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.
Lumumba K. Woods
State of New York
County of
On the day of in the year 2023, before me, the undersigned, a Notary Public in and for said State, personally appeared Lumumba K. Woods, 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.
DUFFY, J.P., CHAMBERS, CHRISTOPHER and WARHIT, JJ., concur.