| People v Fagen, Michael |
| Motion No: 2013-06484 |
| Slip Opinion No: 2013 NY Slip Op 92608(U) |
| Decided on November 26, 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
M165895
E/mv
RUTH C. BALKIN, J.P.
PLUMMER E. LOTT
LEONARD B. AUSTIN
ROBERT J. MILLER, JJ.
|
2013-06484 The People, etc., respondent, v Michael Fagen, appellant. (Ind. No. 228/12)
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to prosecute an appeal from a judgment of the County Court, Nassau County, rendered June 12, 2013, to be relieved of the assignment and for the assignment of new counsel. By decision and order on motion of this Court dated October 10, 2013, the appellant was granted poor person relief and the following named attorney was assigned as counsel to prosecute the appeal:
Thomas A. Kenniff, Esq.
1517 Franklin Avenue, Suite 300
Mineola, N.Y. 11501
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 the former 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 as counsel to prosecute the appeal:
Bruce Bekritsky, Esq.
1551 Kellum Place
Mineola, N.Y. 11501
and it is further,
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 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 decision and order on motion upon the clerk of the court from which the appeal is taken.
BALKIN, J.P., LOTT, AUSTIN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court
Appellant's Address:
3 Armour Street
Long Beach, N.Y. 11561