People v Nurse, Nathaniel
Motion No: 2009-01927
Slip Opinion No: 2010 NY Slip Op 92206(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M113185

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2009-01927

The People, etc., respondent,

v Nathaniel Nurse, appellant.

(Ind. No. 27/01)

DECISION & ORDER ON MOTION

Appeal by Nathaniel Nurse from a resentence of the County Court, Dutchess County, imposed January 22, 2009. By decision and order on motion of this Court dated May 18, 2009, 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:

Yasmin Daley-Duncan, Esq.

5316 Avenue I, Ground Floor

Brooklyn, New York 11234

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 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.

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

ENTER:

Matthew G. Kiernan

Clerk of the Court

Appellant's Address:

02-A-2775

Great Meadow Corr. Fac.

Box 51

Comstock, New York 12821