People v Licausi, John G.
Motion No: 2010-11430
Slip Opinion No: 2012 NY Slip Op 73424(U)
Decided on May 16, 2012
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

M137895

V/

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2010-11430

The People, etc., respondent,

v John G. Licausi, appellant.

(Ind. No. 2464-09)

DECISION & ORDER ON MOTION

Motion by the appellant pro se, inter alia, to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered October 21, 2010, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on June 27, 2011, and the following named attorney was assigned to prosecute the appeal:

Salvatore Adamo, Esq.

350 Fifth Avenue

59th Floor

New York, N.Y. 10118

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

ORDERED that the branch of the motion which is to relieve assigned counsel and assign new 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:

Richard L. Herzfeld, Esq.

104 W. 40th Street - 20th Floor

New York, N.Y. 10018

and it is further,

ORDERED that upon service of a copy of this decision and 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 the motion is otherwise denied.

RIVERA, J.P., HALL, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

10-A-5172

Upstate Corr. Fac.

P.O. Box 2001

Malone, N.Y. 12953