People v Metellus, Jackson
Motion No: 2004-08972
Slip Opinion No: 2006 NYSlipOp 75981(U)
Decided on September 18, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M44625

F/nl

HOWARD MILLER, J.P.

GLORIA GOLDSTEIN

WILLIAM F. MASTRO

MARK C. DILLON, JJ.

2004-08972

The People, etc., respondent,

v Jackson Metellus, appellant.

(Ind. No. 2910/02)

DECISION & ORDER ON MOTION
Motion Pro Se to Relieve Counsel of Assignment

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered September 24, 2004, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on May 2, 2006, and the following named attorney was assigned to prosecute the appeal:

Richard C. Johnson, Esq.

42-40 Bell Blvd. - Suite 312

Bayside, New York 11361

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:

Joseph Faraguna, Esq.

P.O. Box 122

Sag Harbor, New York 11963-1235

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 the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1 et seq.) and written directions.

MILLER, J.P., GOLDSTEIN, MASTRO, and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

04 A 6699

Eastern Correctional Facility

Box 338

Napanoch, New York 12458