People v Jerald Johnson

Motion No: 13869

Slip Opinion No: 2011 NY Slip Op 93973(U)

Decided on December 27, 2011

Appellate Division, Third 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.

Decided and Entered: December 27, 2011

103457
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THE PEOPLE OF THE STATE OF
NEW YORK,
                                 Respondent,
                      v                      DECISION AND ORDER
                                                       ON MOTION
JERALD JOHNSON,
(DA-164-09)           Appellant.
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Motion to be relieved of assignment and to assign new counsel.

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

ORDERED that the motion is granted, and Joseph M. Brennan, Esq., 397 Kenwood Avenue, Delmar, NY 12054, (518) 451-9252, is relieved from any further obligation to represent appellant, and it is further

ORDERED that Aaron A. Louridas, Esq., 25 Egmont Court, Delmar, NY 12054, (518) 598-7695, is assigned to represent appellant upon this appeal pursuant to County Law section 722, and the appeal shall be perfected in accordance with section 800.14 of this Court's Rules of Practice, and it is further

ORDERED that pursuant to section 800.4 (c) of this Court's Rules of Practice, the Albany County Court Clerk shall furnish to appellate counsel one copy of the transcripts of the stenographic minutes of all proceedings in this matter and one copy of any other paper or document on file in that office which is material and relevant to this appeal, except those portions which appellate counsel or the criminal court determines are unnecessary for perfection of the appeal, and to forward forthwith the other copy of said transcripts to the Clerk of this Court. However, if such minutes and other papers or documents were previously provided to Joseph M. Brennan, Esq., said counsel shall forward those documents to Aaron A. Louridas, Esq., within ten (10) days of the date of this decision, and it is further

ORDERED that if the appeal is not perfected within 60 days of the date of this decision, appellate counsel shall move on notice for a further extension of time to perfect the appeal.
MERCURE, Acting P.J., ROSE, MALONE, JR., KAVANAGH and GARRY, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court