| People v Feliciano, Jose |
| Motion No: 2009-00015 |
| Slip Opinion No: 2009 NY Slip Op 89510(U) |
| Decided on November 23, 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. |
Appellate Division: Second Judicial Department
M94237
E/sl
WILLIAM F. MASTRO, J.P.
ARIEL E. BELEN
L. PRISCILLA HALL
LEONARD B. AUSTIN, JJ.
|
2009-00015 The People, etc., respondent, v Jose Feliciano, appellant (Ind. No. 4031/98)
| DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment |
Motion by Lynn W. L. Fahey, Esq., to relieve counsel assigned to prosecute an appeal from a resentence of the Supreme Court, Queens County, imposed December 15, 2008, and to be assigned as counsel. The appellant's motion to dispense with printing and for assignment of counsel was granted on September 21, 2009, and the following named attorney was assigned as counsel to prosecute the appeal:
Steven Banks, Esq.
The Legal Aid Society
199 Water Street - 5th Floor
New York, New York 10038
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:
Lynn W. L. Fahey
Appellate Advocates
2 Rector Street - 10th Floor
New York, New York 10006
and it is further,
ORDERED that upon service of a copy of this order 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 (22 NYCRR 670.1, et seq.) and written directions.
We note that the appellant is appealing from the resentence imposed on December 15, 2008, and has not appealed from the judgment of conviction rendered January 13, 2006.
MASTRO, J.P., BELEN, HALL and AUSTIN, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court