People v David, Ronald
Motion No: 2016-01038
Slip Opinion No: 2016 NY Slip Op 74243(U)
Decided on May 20, 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

M211923

V/

JOHN M. LEVENTHAL, J.P.

THOMAS A. DICKERSON

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2016-01038

The People, etc., respondent,

v Ronald David, appellant.

(Ind. No. 2353/15)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered January 15, 2016, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on March 3, 2016, and the following named attorney was assigned to prosecute the appeal:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

300 Center Drive

PO Box 1697

Riverhead, New York 11901-3398

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

ORDERED that the motion is granted; previously 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 to prosecute the appeal:

Thomas E. Scott, Esq.

115 Broadhollow Road, Suite 250

Melville, NY 11747

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 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.

LEVENTHAL, J.P., DICKERSON, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

16-A-0426

Clinton Corr. Fac.

P.O. Box 2000

Dannemora, NY 12929