| People v Gertz, Christopher Jr. |
| Motion No: 2009-08572 |
| Slip Opinion No: 2010 NY Slip Op 92192(U) |
| Decided on December 30, 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
M113169
E/sl
A. GAIL PRUDENTI, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2009-08572 The People, etc., respondent, v Christopher Gertz, Jr., appellant. (Ind. No. 150/08)
| DECISION & ORDER ON MOTION |
Appeal by Christopher Gertz, Jr., from a judgment of the County Court, Dutchess County, rendered July 16, 2009. By decision and order on motion of this Court dated February 17, 2010, the appellant's motion for poor person relief and for assignment of counsel was granted, and the following named attorney was assigned to prosecute the appeal:
David Goodman, Esq.
Public Defender
22 Market Street
Poughkeepsie, New York 12601
Now, 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:
Terry D. Horner, Esq.
329 Main Street
Poughkeepsie, New York 12601
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 (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.
PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and DILLON, 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