| People of State of New York v Stevens |
| Motion No: 2006-09318 |
| Slip Opinion No: 2007 NYSlipOp 63256(U) |
| Decided on February 15, 2007 |
| 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
M49739
F/
ROBERT W. SCHMIDT, J.P.
REINALDO E. RIVERA
JOSEPH COVELLO
RUTH C. BALKIN, JJ.
|
2006-09318 People of State of New York, respondent, v Edward L. Stevens, Jr., appellant.
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment |
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a determination of the County Court, Dutchess County, issued pursuant to Correction Law § 168-n, dated August 28, 2006 . The appellant was assigned counsel in the County Court, Dutchess County, and the following named attorney was assigned as counsel: David Goodman, Dutchess County Public Defender, 22 Market Street, Poughkeepsie, New York, 12601.
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 the former 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 as counsel to prosecute the appeal:
Bruce A. Petito, Esq.
222 Church Street
Poughkeepsie, New York 12601
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 presentence report prepared in connection with or considered by the trial court in connection with the appellant's risk level determination, including the recommendation sheet and any prior reports on the appellant 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 perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]),and by serving and filing his brief on the appeal on or before June 19, 2007; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
SCHMIDT, J.P., RIVERA, COVELLO, and BALKIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court