| People of State of New York v Martin |
| Motion No: 2006-06206 |
| Slip Opinion No: 2007 NYSlipOp 87423(U) |
| Decided on December 27, 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
M64013
E/sl
ROBERT A. SPOLZINO, J.P.
ANITA R. FLORIO
PETER B. SKELOS
DANIEL D. ANGIOLILLO, JJ.
|
2006-06206 People of State of New York, respondent, v Roy A. Martin, appellant.
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to represent the appellant by the County Court, Dutchess County, to be relieved, and for the assignment of counsel to prosecute an appeal from an order of the County Court, Dutchess County, dated June 7, 2006.
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:
Gary E. Eisenberg, Esq.
10 Esquire Road., Suite 10
New City, New York 10956
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 in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; 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.
SPOLZINO, J.P., FLORIO, SKELOS and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court