People v Baker, Kenyon
Motion No: 2006-10708
Slip Opinion No: 2008 NYSlipOp 92230(U)
Decided on December 16, 2008
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

M78888

E/cb

ROBERT A. SPOLZINO, J.P.

MARK C. DILLON

EDWARD D. CARNI

JOHN M. LEVENTHAL, JJ.

2006-10708

The People, etc., respondent,

v Kenyon Baker, appellant.

(Ind. No. 95/99)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from an order of the County Court, Dutchess County, dated January 16, 2007, and for assignment of new counsel. Separate motion by the appellant's assigned counsel to be relieved. The appellant's motion to dispense with printing and for the assignment of counsel was granted on September 12, 2007, and the following named attorney was assigned to prosecute the appeal:

David Goodman, Esq.

Public Defender

22 Market Street

Poughkeepsie, New York 12601

Upon the papers filed in support of the motions and the papers filed in relation thereto, it is

ORDERED that the motions are granted; previously 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 to prosecute the appeal:

Neal D. Futerfas, Esq.

50 Main Street, Suite 1000

White Plains, NY 10606

and it is further,

ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence 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.

SPOLZINO, J.P., DILLON, CARNI and LEVENTHAL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

00 A 2334

Great Meadow Corr. Fac.

P.O. Box 51

Comstock, N.Y. 12821