| People v Desjardins, Jocelyn |
| Motion No: 2010-00399 |
| Slip Opinion No: 2011 NY Slip Op 77406(U) |
| Decided on June 30, 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
M122501
V/
PETER B. SKELOS, J.P.
RANDALL T. ENG
LEONARD B. AUSTIN
SANDRA L. SGROI, JJ.
|
2010-00399 The People, etc., respondent, v Jocelyn Desjardins, appellant. (Ind. No. 2722/07)
| DECISION & ORDER ON MOTION |
Motion by John R. Lewis, retained counsel for the appellant, for leave to withdraw as counsel on an appeal from a judgment of the Supreme Court, Kings County, rendered December 18, 2009, and for the assignment of new counsel. The separate motions by the appellant pro se and the appellant's retained counsel for leave to dispense with printing on the appeal, and for a copy of the typewritten transcripts of the stenographic minutes, without charge, were granted on May 14, 2010.
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 John R. Lewis, Esq., 36 Hemlock Drive, Sleepy Hollow, N.Y. 10591, is directed to turn over the transcripts 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:
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 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 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.
SKELOS, J.P., ENG, AUSTIN and SGROI, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court
Appellant's Address:
10-A-0024
Upstate Corr. Fac.
P.O. Box 2001
Malone, N.Y. 12953