| People v Barnes, Joshua |
| Motion No: 2009-06794 |
| Slip Opinion No: 2010 NY Slip Op 84400(U) |
| Decided on October 7, 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. |
Appellate Division: Second Judicial Department
M109219
E/ct
FRED T. SANTUCCI, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
LEONARD B. AUSTIN, JJ.
|
2009-06794 The People, etc., respondent, v Joshua Barnes, appellant. (Ind. No. 4340/89)
| DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel Appeal from Judgment |
Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a resentence of the Supreme Court, Kings County, imposed July 2, 2009, and for the assignment of new counsel. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on September 21, 2009, and the following named attorney was assigned as counsel to prosecute the appeal:
Lynn W. L. Fahey, Esq.
Appellate Advocates
2 Rector Street - 10th Floor
New York, New York 10006
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is 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:
Steven Banks, Esq.
The Legal Aid Soceity
199 Water Street - 5th Floor
New York, New York 10038
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 resentencing, 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; 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 appeal is taken.
SANTUCCI, J.P., BALKIN, LEVENTHAL and AUSTIN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court