People v Jimenez, Irineo
Motion No: 2014-05771
Slip Opinion No: 2016 NY Slip Op 67058(U)
Decided on March 14, 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

M207570

E/ct

THOMAS A. DICKERSON, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2014-05771

The People, etc., respondent,

v Irineo Jimenez, appellant.

(Ind. No. 55/11)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel to be relieved on an appeal from a judgment of the County Court, Dutchess County, rendered May 1, 2014, and for the assignment of new counsel. By decision and order on motion of this Court dated December 29, 2014, the appellant was granted poor person relief and the following named attorney was assigned as counsel to prosecute the appeal:

Thomas N.N. Angell, Esq.

Public Defender

22 Market Street

Poughkeepsie, NY 12601

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:

Neal D. Futerfas, Esq.

50 Main Street - Suite 1000

White Plains, NY 10606

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 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.

DICKERSON, J.P., HALL, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

12-R-0748

Green Corr. Fac.

P.O. Box 975

Coxsackie, N.Y. 12051