| People of State of New York v Barclay |
| Motion No: 2011-01649 |
| Slip Opinion No: 2011 NY Slip Op 72771(U) |
| Decided on May 12, 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
M119917
V/
MARK C. DILLON, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2011-01649 People of State of New York, respondent, v Patrick Barclay, appellant.
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to represent the defendant in the Supreme Court in connection with proceedings pursuant to Corrections Law § 168-n(3) to be relieved and to assign new counsel to prosecute an appeal from an order of the Supreme Court, Kings County, dated February 10, 2011. By decision and order on motion of this Court dated March 22, 2011, the appellant's motion for poor person relief was granted.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, and assigned counsel Carol Schajer, PO Box 515, Jericho, New York, 11753, is relieved 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:
Lynn W. L. Fahey, Esq.
Appellate Advocates
2 Rector Street - 10th Floor
New York, New York 10006
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 or considered by the trial court in connection with the appellant's risk level determination, 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.
DILLON, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court
Appellant's Address:
330 Shore Drive, Apt. #8A
Highlands, N.J. 07732