| People v Wares, Clifford W. |
| Motion No: 2013-05009 |
| Slip Opinion No: 2014 NY Slip Op 92541(U) |
| Decided on December 11, 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
M184193
V/
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
HECTOR D. LASALLE, JJ.
|
2013-05009 The People, etc., respondent, v Clifford W. Wares, appellant. (Ind. No. 12-00103)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Orange County, rendered February 19, 2013, and for assignment of new counsel or, if assigned counsel is not relieved, for leave to serve and file a supplemental brief. The appellant's motion to dispense with printing and for the assignment of counsel was granted on July 31, 2013, and the following named attorney was assigned to prosecute the appeal:
Brett Broge, Esq.
140 Main Street
P.O. Box 808
Goshen, N.Y. 10924
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to relieve counsel and assign new counsel 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:
John P. Savoca, Esq.
P.O. Box 531
Yorktown Heights, N.Y. 10598
and it is further,
ORDERED that upon service of a copy of this decision and 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 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 the motion is otherwise denied as academic.
BALKIN, J.P., CHAMBERS, HALL and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court