People v Boyd, Shaun M.
Motion No: 2013-08579
Slip Opinion No: 2014 NY Slip Op 80501(U)
Decided on August 14, 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

M178380

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

COLLEEN D. DUFFY, JJ.

2013-08579

The People, etc., respondent,

v Shaun M. Boyd, appellant.

(Ind. No. 2251-10)

DECISION & ORDER ON MOTION
Motion for Poor Person Relief
and to Assign Counsel

Motion by the appellant to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered August 7, 2013, and for the assignment of new counsel. The appellant was granted poor person relief on October 10, 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:

Mark Diamond, Esq.

Box 287356

Yorkville Station

New York, N.Y. 10128

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 appellant's sentencing, including the recommendation sheet and any prior reports on the appellant 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.

RIVERA, J.P., LEVENTHAL, SGROI and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

13-R-2303

Mid-State Corr. Fac.

9005 Old River Road

P.O. Box 216

Marcy, N.Y. 13403-0216