People v Harvey, John, J.

People v Harvey, John, J.

Motion No: 2014-10480

Slip Opinion No: 2015 NY Slip Op 76918(U)

Decided on June 19, 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.

Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M194289

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

HECTOR D. LASALLE, JJ.

2014-10480, 2014-10481
The People, etc., respondent,
v John J. Harvey, appellant.
(Ind. Nos. 572-14, 1334-14)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute appeals from two judgments of the County Court, Suffolk County, both rendered September 15, 2014, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on January 15, 2015, and the following named attorney was assigned to prosecute the appeals:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion 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 appeals:

Matthew Muraskin, Esq.

646 Main Street

Port Jefferson, N.Y. 11777

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 appeals is enlarged; assigned counsel shall prosecute the appeals expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1 et seq.) and written directions.

DILLON, J.P., LEVENTHAL, AUSTIN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

14-A-4164

Gouverneur Corr. Fac.

P.O. Box 370

Gouverneur, N.Y. 13642