| People of State of New York v Gonzalez |
| Motion No: 2013-05450 |
| Slip Opinion No: 2015 NY Slip Op 60934(U) |
| Decided on January 13, 2015 |
| 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
M185773
V/
PETER B. SKELOS, J.P.
LEONARD B. AUSTIN
JEFFREY A. COHEN
JOSEPH J. MALTESE, JJ.
|
2013-05450 People of State of New York, respondent, v Juan Gonzalez, appellant.
| DECISION & ORDER ON MOTION |
Motion by Appellate Advocates to be assigned to represent the appellant on an appeal from an order of the Supreme Court, Kings County, dated May 21, 2013. By decision and order on motion of this Court dated August 2, 2013, the appellant was granted poor person relief and the following named attorney was assigned to prosecute the appeal:
Seymour W. James, Jr., Esq.
The Legal Aid Society
199 Water Street - 5th 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 it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as new counsel to prosecute the appeal:
Lynn W. L. Fahey, Esq.
Appellate Advocates
111 John Street - 9th Floor
New York, New York 10038
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 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.
SKELOS, J.P., AUSTIN, COHEN and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court