| People of State of New York v Samuel |
| Motion No: 2014-07615 |
| Slip Opinion No: 2016 NY Slip Op 65937(U) |
| Decided on March 3, 2016 |
| 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
M207308
E/ct
THOMAS A. DICKERSON, J.P.
COLLEEN D. DUFFY
HECTOR D. LASALLE
BETSY BARROS, JJ.
|
2014-07615 People of State of New York, respondent, v Samuel Samuel, appellant.
| DECISION & ORDER ON MOTION |
Motion by counsel assigned to represent the appellant by the Supreme Court, Richmond County, to be relieved on an appeal from an order of the Supreme Court, Richmond County, dated July 23, 2014, and for the assignment of new counsel.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, and former assigned counsel, Seymour James, Jr., Esq., The Legal Aid Society, 199 Water Street - 5th Floor, New York, NY 10038, is directed to turn over all papers in this matter 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:
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 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 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 appellant 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.
DICKERSON, J.P., DUFFY, LASALLE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court