| People v Diaz, Juan |
| Motion No: 2014-07796 |
| Slip Opinion No: 2016 NY Slip Op 86674(U) |
| Decided on September 26, 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
M218770
V/
JOHN M. LEVENTHAL, J.P.
LEONARD B. AUSTIN
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX, JJ.
|
2014-07796 The People, etc., respondent, v Juan Diaz, appellant. (Ind. No. 13-00531)
| 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, Rockland County, rendered July 29, 2014, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on January 15, 2015, and the following named attorney was assigned to prosecute the appeal:
James Licata
Office of the Public Defender
11 New Hempstead Road
New City, New York 10956-3664
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:
Gary E. Eisenberg, Esq.
10 Esquire Road, Suite 10
New City, NY 10956
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 to provide additional copies to this Court upon demand, and to provide additional copies to this Court upon demand; 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., AUSTIN, MILLER and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court
Appellant's Address:
14-R-2075
Cape Vincent Corr. Fac.
State Route 12E
P.O. Box 739
Cape Vincent, NY 13618