People v Smith, Eugene
Motion No: 2008-08242
Slip Opinion No: 2011 NY Slip Op 62307(U)
Decided on January 25, 2011
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

M114437

E/sl

A. GAIL PRUDENTI, P.J.

REINALDO E. RIVERA

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2008-08242

The People, etc., respondent,

v Eugene Smith, appellant.

(Ind. No. 07-01698)

DECISION & ORDER ON MOTION

Appeal by Eugene Smith from a judgment of the County Court, Westchester County, rendered July 22, 2008. By decision and order on motion dated November 5, 2008, the appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel, was granted and the following named attorney was assigned as counsel to prosecute the appeal:

Mark C. Fang, Esq.

151 Broadway

Hawthorne, New York 10532

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 counsel to prosecute the appeal:

Marianne Karas, Esq.

Box 277

Armonk, New York 10504

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 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 appeal is taken.

PRUDENTI, P.J., RIVERA, LOTT and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

Appellant's Address:

08-A-4197

Sing Sing Corr. Fac.

354 Hunter Street

Ossining, New York 10562