| People of State of New York v Morel-Baca |
| Motion No: 2013-05643 |
| Slip Opinion No: 2014 NY Slip Op 86798(U) |
| Decided on October 16, 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
M181357
V/
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2013-05643 People of State of New York, respondent, v Leonardo Morel-Baca, appellant.
| DECISION & ORDER ON MOTION |
Appeal by Leonardo Morel-Baca from an order of the County Court, Westchester County, dated May 15, 2013. By decision and order on motion of this Court dated August 29, 2013, the appellant was granted poor person relief and the following named attorney was assigned to prosecute the appeal:
Michael G. Paul, Esq.
49 Maple Avenue
New City, NY 10956
Now, on the Court's own motion, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as new counsel to prosecute the appeal:
Steven A. Feldman, Esq.
626 RXR Plaza
West Tower, 6th Floor
Uniondale, N.Y., 11556
and it is further,
ORDERED that upon service of a copy of this order 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 or considered by the trial court in connection with the appellant's risk level determination, 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 on or before November 17, 2014, assigned counsel must advise the Court, in writing, whether (1) he adopts the brief filed by former assigned counsel, (2) he adopts the brief filed by former assigned counsel and will file a supplemental brief, or (3) he will file a replacement brief; 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.
ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court