People v Spence, Christopher C.
Motion No: 2009-04285
Slip Opinion No: 2009 NY Slip Op 89839(U)
Decided on November 27, 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

M94931

E/sl

A. GAIL PRUDENTI, P.J.

JOSEPH COVELLO

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2009-04285

The People, etc., respondent,

v Christopher C. Spence, appellant.

(S.C.I. No. 134-07)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from an amended judgment of the County Court, Dutchess County, rendered March 25, 2008, and for the assignment of new counsel. Motion by assigned counsel to be relieved of the assignment. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on October 13, 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 motions and the papers filed in relation thereto, it is

ORDERED that the motions are 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:

Arza Feldman, Esq.

626 Reckson Plaza

West Tower - 6th Floor

Uniondale, New York 11556

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 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., COVELLO, LOTT and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court