| People v Hammond, John |
| Motion No: 2000-02837 |
| Slip Opinion No: 2006 NYSlipOp 81154(U) |
| Decided on December 4, 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. |
Mappellate Division: Second Judicial Department
M47730
S/sl
A. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
HOWARD MILLER
ROBERT W. SCHMIDT
THOMAS A. ADAMS, JJ.
|
2000-02837 The People, etc., respondent, v John Hammond, appellant. (Ind. No. 11926/98)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
On the court's own motion, it is
ORDERED that its decision and order on motion dated October 26, 2005, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
The appellant's motion for leave to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered March 14, 2000, as a poor person and for the assignment of counsel was granted on November 1, 2002, and the following named attorney was assigned as counsel to prosecute the appeal:
Ethel Ross, Esq.
P.O. Box 347-787
Route 35
Cross River, New York 10518
On the court's own motion, it is
ORDERED that assigned counsel is relieved and 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 as counsel to prosecute the appeal:
Stuart Birbach, Esq.
500 5th Avenue - 16th Floor
New York, New York 10110-0095
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 if the presentence 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.
PRUDENTI, P.J., FLORIO, MILLER, SCHMIDT, and ADAMS, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court
Appellant's address:
00 A 1902
Upstate Corr. Fac.
P.O. Box 2001
Malone, New York 12953