People v Brown, Michael
Motion No: 2010-00695
Slip Opinion No: 2011 NY Slip Op 71804(U)
Decided on May 4, 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

M119314

V/

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2010-00695

The People, etc., respondent,

v Michael Brown, appellant.

(Ind. No. 09-00125)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered December 10, 2009, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on March 11, 2010, and the following named attorney was assigned to prosecute the appeal:

Richard Birnbaum, Esq.

200 Mamaroneck Avenue - Suite 504

White Plains, New York 10601

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted; previously 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 to prosecute the appeal:

Clinton W. Calhoun, Esq.

81 Main Street, Suite 450

White Plains, N.Y. 10601

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.

ANGIOLILLO, J.P., FLORIO, LOTT and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

Appellant's Address:

09-A-6305

Clinton Corr. Fac.

P.O. Box 2002

Dannemora, N.Y. 12929