| People v Key, Olsen |
| Motion No: 2003-05792 |
| Slip Opinion No: 2007 NYSlipOp 66349(U) |
| Decided on March 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. |
Appellate Division: Second Judicial Department
M52614
F/
A. GAIL PRUDENTI, P.J.
HOWARD MILLER
ROBERT W. SCHMIDT
STEPHEN G. CRANE
WILLIAM F. MASTRO, JJ.
|
2003-05792 The People, etc., respondent, v Olsen Key, appellant. (Ind. No. 1755/02)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved |
On the court's own motion, it is
ORDERED that the decision and order on motion in the above-entitled case dated August 4, 2006, is recalled and vacated and the following decision and order on motion is substituted therefor:
Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Nassau County, rendered May 28, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on April 8, 2004, and the following named attorney was assigned as counsel to prosecute the appeal:
Virginia Boccio, Esq.
266 Main Street
Farmingdale, New York 11735
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:
Michael A. Fiechter, Esq.
114 Goldie Avenue
North Bellmore, New York 11710
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 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., MILLER, SCHMIDT, CRANE, and MASTRO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court