| People of State of New York v Williams |
| Motion No: 2012-03094 |
| Slip Opinion No: 2014 NY Slip Op 94134(U) |
| Decided on December 29, 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
M184835
V/
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
|
2012-03094 People of State of New York, respondent, D v Francis Williams, appellant.
| ECISION & ORDER ON APPLICATION |
Application by Carl D. Birman counsel assigned to represent the defendant on an appeal from an order of the County Court, Westchester County, entered February 24, 2012, to be relieved and to assign new counsel. By decision and order on motion of this Court dated November 19, 2014, assigned counsel, Michael F. Dailey, Esq., submitted a brief in accordance with Anders v California (386 US 738), in which he moved for leave to withdraw as counsel for the appellant, and the motion was granted. Carl D. Birman, Esq., was assigned as counsel to perfect the appeal.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application is granted, and assigned counsel, Carl D. Birman, Esq., 626 Meadow Street, Mamaroneck, N.Y. 10543, is relieved 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:
Steven 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 the appellant's time to comply with the decision and order on motion of this Court dated November 19, 2014, is enlarged until February 27, 2015, and the newly assigned counsel shall serve and file a brief on behalf of the appellant on or before that date.
ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court