| People v Daniels, Cornell |
| Motion No: 2002-06992 |
| Slip Opinion No: 2006 NYSlipOp 65119(U) |
| Decided on March 15, 2006 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M37191
S/sl
ANITA R. FLORIO, J.P.
GABRIEL M. KRAUSMAN
PETER B. SKELOS
JOSEPH COVELLO, JJ.
|
2002-06992 The People, etc., respondent, v Cornell Daniels, appellant. (Ind. No. 01-00717)
| DECISION & ORDER ON MOTION |
On the court's own motion, it is
ORDERED that its decisions and orders on motion dated December 2, 2005, and January 10, 2006, in the above-entitled case are recalled and vacated, and the following decision and order on motion is substituted therefor:
Motion by the appellant to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered June 13, 2002, and for the assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on October 15, 2002, and the following named attorney was assigned to prosecute the appeal:
John R. Mechmann, Esq.
33 Alexander Avenue
Yonkers, New York 10704
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, previously assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned to prosecute the appeal:
Barry E. Warhit, Esq.
399 Knollwood Rd., Suite 206
White Plains, NY 10603
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,
ORDERED that on or before May 1, 2006, newly assigned counsel shall review the brief filed by the former assigned counsel and advise this court in writing whether he will adopt the brief or will file a replacement or supplemental brief.
FLORIO, J.P., KRAUSMAN, SKELOS and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court