People v Acevedo, Francisco
Motion No: 2012-02219
Slip Opinion No: 2016 NY Slip Op 67810(U)
Decided on March 21, 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

M208494

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2012-02219

The People, etc., respondent,

v Francisco Acevedo, appellant.

(Ind. No. 09-01585)

DECISION & ORDER ON MOTION

The appellant's motion to dispense with printing and for assignment of counsel on an appeal from a judgment of the County Court, Westchester County, rendered January 17, 2012, was granted by decision and order on motion of this Court dated August 14, 2012. By decision and order on motion of this court dated February 6, 2013, former assigned counsel was relieved of the assignment, and the following named attorney was assigned to prosecute the appeal:

Stewart A. McMillan, Esq.

McMillan, LLP

2180 Boston Post Road

Larchmont, NY 10538

On the Court's own motion, it is

ORDERED that counsel previously assigned to prosecute the appeal is relieved of the assignment and is directed to turn over all papers in this action to new counsel herein assigned; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as new counsel to prosecute the appeal:

Del Atwell, Esq.

39 5th Street,

East Hampton, NY 11937

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 pre-sentence 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.

ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

09-A-2456

Wende Corr. Fac.

3040 Wende Road

Alden, New York 14004-1187