| People v Derrick Thomas |
| Motion No: 107946 |
| Slip Opinion No: 2016 NY Slip Op 95057(U) |
| Decided on December 16, 2016 |
| Appellate Division, Third 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. |
Decided and Entered: December 16, 2016107946
THE PEOPLE OF THE STATE OF NEW YORK,
Respondent, v Appellant. | DECISION AND ORDER ON MOTION |
Motion to be relieved of assignment and to assign new counsel.
Upon the papers
filed in support of the motion, and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted, and Stephen W.
Herrick, Albany County Public Defender, 60 South Pearl Street, 4th Floor, Albany NY, 12207, 518-447-7150, is relieved from any further obligation to
represent appellant, and it is further
ORDERED that Noreen McCarthy, Esq., P.O. Box 756, Keene Valley, NY 235 , 571-205-7507, is assigned to
represent appellant upon this appeal pursuant to County Law section 722, and the appeal shall be perfected in accordance with section 800.14 of this Court's
Rules of Practice, and it is further
ORDERED that pursuant to section 800.4 (c) of this Court's Rules of Practice, the Albany County Court Clerk
shall furnish to appellate counsel one copy of the transcripts of the stenographic minutes of all proceedings in this matter and one copy of any other paper or
document on file in that office which is material and relevant to this appeal, except those portions which appellate counsel or the criminal court determines
are unnecessary for perfection of the appeal, and to forward forthwith the other copy of said transcripts to the Clerk of this Court. However, if such minutes
and other papers or documents were previously provided to Stephen W. Herrick, Esq., said counsel shall forward those documents to Noreen McCarthy,
Esq., within ten (10) days of the date of this decision, and it is further
ORDERED that if the appeal is not perfected by February 14, 2017, appellate
counsel shall move on notice for a further extension of time to perfect the appeal.
Peters, P.J., McCarthy, Egan Jr. and Devine, JJ.,
concur.
ENTER:
Robert D. Mayberger
Clerk of the Court