| People of State of New York v Montes |
| Motion No: 2014-02097 |
| Slip Opinion No: 2015 NY Slip Op 61696(U) |
| Decided on January 21, 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
M186169
V/
REINALDO E. RIVERA, J.P.
PETER B. SKELOS
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
|
2014-02097 People of State of New York, respondent, v Mike Montes, appellant.
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to represent the defendant in the Supreme Court in connection with proceedings pursuant to Corrections Law § 168-n(3) to be relieved and to assign new counsel to prosecute an appeal from an order of the Supreme Court, Kings County, dated February 27, 2014. By decision and order on motion of this Court dated May 7, 2014, the appellant's motion for poor person relief was granted.
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 assigned counsel, Seymour W. James, Jr., Esq.,The Legal Aid Society199 Water Street - 5th Floor, New York, N.Y. 10038, 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:
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.
RIVERA, J.P., SKELOS, ROMAN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court