People v Denham, Kevin
Motion No: 2010-03661
Slip Opinion No: 2010 NY Slip Op 87153(U)
Decided on November 4, 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

M110540

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2010-03661

The People, etc., respondent,

v Kevin Denham, appellant.

(Ind. No. 09-00424)

DECISION & ORDER ON MOTION

Appeal by Kevin Denham from a judgment of the County Court, Westchester County, rendered December 2, 2008. By decision and order on motion of this court dated July 14, 2010, the appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:

Raymond E. Kerno, Esq.

1527 Franklin Avenue, Suite 305

Mineola, New York 11501

On the court's own motion, it is

ORDERED that counsel previously assigned to prosecute the appeal is relieved of the assignment and is directed to turn over all papers in this action to new counsel herein assigned; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as new counsel to prosecute the appeal:

Scott M. Bishop, Esq.

50 Main Street, Suite 1000

White Plains, New York 10606

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 appellant's sentencing, including the recommendation sheet and any prior reports on the appellant 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., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

Appellant's Address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043