People v Hardman, David
Motion No: 2009-06014
Slip Opinion No: 2010 NY Slip Op 69066(U)
Decided on April 9, 2010
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

M100963

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2009-06014, 2009-06016, 2009-06017

The People, etc., respondent,

v David Hardman, appellant.

(Ind. Nos. 3888/06, 5543/06, 448/07)

DECISION & ORDER ON MOTION

Motion by assigned counsel on appeals from three judgments of the Supreme Court, Kings County, all rendered May 13, 2009, to be relieved and for the assignment of new counsel. The appellant's motion for leave to prosecute the appeals as a poor person was granted on September 21, 2009, and on December 8, 2009, the following named attorney was assigned as counsel to prosecute the appeals:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

Now, on the court's own motion, it is

ORDERED that 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 appeals:

Martin Goldberg, Esq.,

672 Dogwood Avenue, Suite 183

Franklin Square, New York 11010

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 appeals is enlarged; assigned counsel shall prosecute the appeals expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeals are taken.

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

09 A 3302

Downstate Corr. Fac.

Box F

Napanoch, New York 12524-0445