People v Carlos, Milton W.
Motion No: 2012-08124
Slip Opinion No: 2015 NY Slip Op 79494(U)
Decided on July 17, 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

M195648

V/

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

SANDRA L. SGROI

JOSEPH J. MALTESE, JJ.

2012-08124

The People, etc., respondent,

v Milton W. Carlos, appellant.

(Ind. No. 11-00483)

DECISION & ORDER ON MOTION

Motion by assigned counsel to be relieved of the assignment to prosecute an appeal from a judgment of the County Court, Orange County, rendered April 3, 2012, and for the assignment of new counsel. By decision & order on motion dated March 18, 2015, the following named attorney was assigned as counsel to prosecute the appeal:

John P. Savoca, Esq.

P.O. Box 531

Yorktown Heights, N.Y. 10598

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 the former 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 as counsel to prosecute the appeal:

Kenyon C. Trachte, Esq.

372 Fullerton Avenue, Mailbox #19

Newburgh, N.Y. 12550

and it is further,

ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence 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 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., LEVENTHAL, SGROI and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

670 Watkins Street, Apt. 2B

Brooklyn, N.Y. 11212