| People v Sirico, Allen |
| Motion No: 2012-03683 |
| Slip Opinion No: 2014 NY Slip Op 61678(U) |
| Decided on January 21, 2014 |
| 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
M168405
E/mv
RANDALL T. ENG, P.J.
REINALDO E. RIVERA
JOHN M. LEVENTHAL
SANDRA L. SGROI, JJ.
|
2012-03683 The People, etc., respondent, v Allen Sirico, appellant. (Ind. No. 3025-08)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to relieve assigned counsel on an appeal from a judgment of the County Court, Suffolk County, rendered February 14, 2012, and for the assignment of new counsel. By decision and order on motion of this Court dated June 7, 2012, the appellant was granted poor person relief and by decision and order on motion of this Court dated May 28, 2013, the following named attorney was assigned as counsel to prosecute the appeal:
Steven A. Feldman, Esq.
626 RXR Plaza
West Tower, 6th Floor
Uniondale, N.Y. 11556
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, the appellant's brief and the respondent's brief are stricken, 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:
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 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 serve and file a brief is enlarged until April 21, 2014, and the appellant's brief must be served and filed on or before that date; 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.
ENG, P.J., RIVERA, LEVENTHAL and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court
Appellant's Address:
12-R-0582
Livingston Corr. Fac.
P.O. Box 91
Sonyea, N.Y. 14556