People v Holder, Michael
Motion No: 2006-09723 +3
Slip Opinion No: 2007 NYSlipOp 64059(U)
Decided on February 28, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M51290

F/

A. GAIL PRUDENTI, P.J.

HOWARD MILLER

ROBERT W. SCHMIDT

STEPHEN G. CRANE

WILLIAM F. MASTRO, JJ.

2006-09723, 2006-09724, 2006-09725,

2006-09727

The People, etc., respondent,

v Michael Holder, appellant.

(Ind. Nos. 06-00324, 06-00325,

06-00326, 06-00327)

DECISION & ORDER ON MOTION
Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute appeals from four judgments of the Supreme Court, Westchester County, all rendered September 28, 2006. The appellant's motion for leave to prosecute the appeals as a poor person and for assignment of counsel was granted on January 12, 2007, and the following named attorney was assigned as counsel to prosecute the appeals:

Helene M. Greenberg, Esq.

45 Knollwood Road - 5th Floor

Elmsford, New York 10523

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 appeals:

Barry E. Warhit, Esq.

399 Knollwood Road - Suite 206

White Plains, New York 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 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 appeals is enlarged; assigned counsel shall prosecute the appeals expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

PRUDENTI, P.J., MILLER, SCHMIDT, CRANE and MASTRO, concur.

ENTER:

James Edward Pelzer

Clerk of the Court