| People v Franklin Russell |
| Motion No: 107265 |
| Slip Opinion No: 2015 NY Slip Op 90447(U) |
| Decided on July 1, 2015 |
| Appellate Division, Third 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. |
Decided and Entered: July 1, 2015107265
THE PEOPLE OF THE STATE OF NEW YORK,
Respondent, v (Ind. No. 2012-AG-3-4141 DA-236-
12) Appellant. | DECISION AND ORDER ON MOTION |
Motion to be
relieved of assignment and to assign new counsel.
Upon the papers filed in support of the
motion, and no papers having been filed in opposition thereto, it is
ORDERED that the motion
is granted, and James P. Milstein, Esq., Albany County Public Defender, 60 South Pearl St., 4th Floor,
Albany, NY 12207-2021, (518) 447-7150, is relieved from any further obligation to represent appellant,
and it is further
ORDERED that Keeley A. Maloney, Esq, P.O. Box 7118,, Albany, NY
12224-0118, is assigned to represent appellant upon this appeal pursuant to County Law section 722, and
the appeal shall be perfected in accordance with section 800.14 of this Court's Rules of Practice, and it is
further
ORDERED that pursuant to section 800.4 (c) of this Court's Rules of Practice, the
Albany County Court Clerk shall furnish to appellate counsel one copy of the transcripts of the
stenographic minutes of all proceedings in this matter and one copy of any other paper or document on
file in that office which is material and relevant to this appeal, except those portions which appellate
counsel or the criminal court determines are unnecessary for perfection of the appeal, and to forward
forthwith the other copy of said transcripts to the Clerk of this Court. However, if such minutes and
other papers or documents were previously provided to James P. Milstein, Esq., said counsel shall
forward those documents to Keeley A. Maloney, Esq, within ten (10) days of the date of this decision,
and it is further
ORDERED that if the appeal is not perfected on or before August 31,2015,
appellate counsel shall move on notice for a further extension of time to perfect the appeal.
Peters,
P.J., Egan Jr., Rose and Clark, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the
Court