| People v Bennett, Clay S. |
| Motion No: 2012-09125 |
| Slip Opinion No: 2013 NY Slip Op 85912(U) |
| Decided on September 19, 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. |
Appellate Division: Second Judicial Department
M162333
V/
PETER B. SKELOS, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
L. PRISCILLA HALL, JJ.
|
2012-09125 The People, etc., respondent, v Clay S. Bennett, appellant. (Ind. No. 1079-11)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Suffolk County, rendered January 25, 2012, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on May 7, 2013, and the following named attorney was assigned to prosecute the appeal:
Robert C. Mitchell, Esq.
Legal Aid Society of Suffolk County - Appeals Bureau
Post Office Box 1697
Riverhead, New York 11901-3398
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion 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:
Maureen Galvin Dwyer, Esq.
1019 Ft. Salonga Road, Suite 10-308
Northport, N.Y., 11768
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.
SKELOS, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court
Appellant's Address:
12-A-0719
Great Meadow Corr. Fac.
Box 51
Comstock, N.Y. 12821