People v Brown, Maurice
Motion No: 2014-07802
Slip Opinion No: 2016 NY Slip Op 66645(U)
Decided on March 9, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M207565

E/sl

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

JOSEPH J. MALTESE, JJ.

2014-07802

The People, etc., respondent,

v Maurice Brown, appellant.

(Ind. No. 2278/13)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered August 5, 2014, to substitute retained counsel, and to continue his status as a poor person. By decision and order on motion of this Court dated November 6, 2014, the appellant was granted poor person relief and the following named attorney is assigned as counsel to prosecute the appeal:

Seymour W. James, Jr., Esq.

The Legal Aid Society

199 Water Street - 5th Floor

New York, New York 10038

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

ORDERED that the motion is granted, and the following named attorney is substituted as retained counsel:

Deron Castro, Esq.

118-35 Queens Boulevard, Suite 1220

Forest Hills, NY 11375

and it is further,

ORDERED that former assigned counsel is directed to turn over all papers in the action to retained counsel; 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 retained counsel with a copy of the presentence report prepared in connection with the appellant's sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; retained 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 retained 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.

BALKIN, J.P., HALL, ROMAN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court