| People v Spence, Christopher C. |
| Motion No: 2009-04285 |
| Slip Opinion No: 2011 NY Slip Op 67944(U) |
| Decided on March 23, 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. |
Appellate Division: Second Judicial Department
M117532
V/
REINALDO E. RIVERA, J.P.
THOMAS A. DICKERSON
RANDALL T. ENG
PLUMMER E. LOTT, JJ.
|
2009-04285 The People, etc., respondent, v Christopher C. Spence, appellant. (S.C.I.. No. 134-07)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from an amended judgment of the County Court, Dutchess County, rendered April 15, 2009, and for the assignment of new counsel. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on November 27, 2009, and the following named attorney was assigned as counsel to prosecute the appeal:
Arza Feldman, Esq.
626 Reckson Plaza
West Tower - 6th Floor
Uniondale, New York 11556
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the former 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 as counsel to prosecute the appeal:
David Gandin, Esq.
Jacobowitz & Gubits, LLP
158 Orange Avenue
P.O. Box 367
Walden, N.Y. 12586-0367
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 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 brief and the respondent's brief are stricken; the appellant's time to perfect the appeal is enlarged, and assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.) and written directions.
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.
RIVERA, J.P., DICKERSON, ENG and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court
Appellant's Address:
09-A-2061
Clinton Corr. Fac.
P.O. Box 2001
Dannemora, N.Y. 12929