People v Gomez, Santiago

People v Gomez, Santiago

Motion No: 2013-09306

Slip Opinion No: 2014 NY Slip Op 67177(U)

Decided on March 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.

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M171444

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2013-09306
The People, etc., respondent,
v Santiago Gomez, appellant.
(Ind. No. 12-00022)

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 County Court, Westchester County, rendered July 30, 2013, was granted by decision and order on motion of this Court dated December 12, 2013. The following named attorney was assigned to prosecute the appeal:

Frederick W. Turner, Esq.

305 Old Tarrytown Road

White Plains, N.Y. 10603

On the Court's own motion, it is

ORDERED that counsel previously assigned to prosecute the appeal is relieved of the assignment and is directed to turn over all papers in this action to new counsel herein assigned; and it is further,

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

Michael F. Dailey, Esq.

One Riverdale Avenue, Suite 1,

Mailbox #11

Bronx, N.Y. 10463

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 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 assigned counsel shall serve a copy of this decision and order on motion of the clerk of the court from which the appeal is taken.

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

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

13-A-2110

Auburn Corr. Fac.

P.O. Box 618

Auburn, N.Y. 13024