| People v Lowery, Darius |
| Motion No: 2013-05378 |
| Slip Opinion No: 2014 NY Slip Op 74453(U) |
| Decided on June 9, 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
M175389
E/mv
MARK C. DILLON, J.P.
PLUMMER E. LOTT
LEONARD B. AUSTIN
BETSY BARROS, JJ.
|
2013-05378
The People, etc., respondent, v Darius Lowery, appellant. (Ind. No. 352/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant's assigned counsel to be relieved on an appeal from a judgment of the Supreme Court, Queens County, rendered May 16, 2013, and for the assignment of new counsel. By decision and order on motion of this Court dated November 21, 2013, the appellant was granted poor person relief and the following named attorney was assigned as counsel to prosecute the appeal:
Lynn W. L. Fahey, Esq.
Appellate Advocates
111 John Street - 9th Floor
New York, New York 10038
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:
Scott A. Rosenberg, Esq.
The Legal Aid Society
199 Water Street - 5th Floor
New York, New York 10038
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 in 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 (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.
DILLON, J.P., LOTT, AUSTIN and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court
Appellant's Address:
13-A-2556
Southport Corr. Fac.
P.O. Box 2000
Pine City, N.Y. 14871