People v Liefer, David M.
Motion No: 2009-02058
Slip Opinion No: 2009 NY Slip Op 83071(U)
Decided on September 15, 2009
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

M91942

E/sl

ROBERT A. SPOLZINO, J.P.

MARK C. DILLON

HOWARD MILLER

DANIEL D. ANGIOLILLO, JJ.

2009-02058

The People, etc., respondent,

v David M. Liefer, appellant.

(S.C.I. No. 111/08)

DECISION & ORDER ON MOTION
Motion for Poor Person Relief
and to Assign Counsel
Appeal from Judgment

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered January 26, 2009. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on June 23, 2009, and the following named attorney was assigned as counsel to prosecute the appeal:

David Goodman, Esq.

Public Defender

22 Market Street

Poughkeepsie, New York 12601

Upon the papers filed in support of the motion and no papers having been filed in opposition or 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:

David Gandon, Esq.

Jacobowitz, Gubits, LLP

158 Orange Avenue

P.O. Box 367

Wolden, New York 12586-0367

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.

SPOLZINO, J.P., DILLON, MILLER and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court