People v Mullins, Will
Motion No: 2013-05047
Slip Opinion No: 2013 NY Slip Op 85252(U)
Decided on September 13, 2013
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

M162089

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-05047

The People, etc., respondent,

v Will Mullins, appellant.

(Ind. No. 7141/11)

DECISION & ORDER ON MOTION

The appellant's motion to dispense with printing and for assignment of counsel on an appeal from a judgment of the Supreme Court, Kings County, rendered May 2, 2013, was granted on June 28, 2013. The following named attorney was assigned to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

On the Court's own motion, it is

ORDERED that pursuant to County Law § 722 the following named attorney is substituted as retained counsel to prosecute the appeal:

Epstein & Conroy

335 Adams Street, Suite 2703

Brooklyn, N.Y. 11201

and it is further,

ORDERED that so much of the decision and order on motion of this Court dated June 28, 2013, as granted that branch of the appellant's motion which was for poor person relief is recalled and vacated, and that branch of the motion is denied, and former assigned counsel is directed to turn over all papers in the action to the Clerk of this Court; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged. Retained counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide retained 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. Retained counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

13-A-2266

Great Meadow Corr. Fac.

11739 State Route 22

P.O. Box 51

Comstock, N.Y. 12821