| People v Simmonds, Alderay |
| Motion No: 2016-05097 |
| Slip Opinion No: 2017 NY Slip Op 60558(U) |
| Decided on January 9, 2017 |
| 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
M224167
V/
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2016-05097 The People, etc., respondent, v Alderay Simmonds, appellant. (Ind. No. 1701/15)
| 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 Supreme Court, Queens County, rendered April 25, 2016, was granted by decision and order on motion of this Court dated June 28, 2016. The following named attorney was assigned to prosecute the appeal:
Seymour W. James, Jr., Esq.
The Legal Aid Society
199 Water Street - 5th Floor
New York, New York 10038
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:
Lynn W. L. Fahey, Esq.
Appellate Advocates
111 John Street - 9th Floor
New York, New York 10038
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 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:
16-R-1334
Franklin Corr. Fac.
P.O. Box 10
Malone, NY 12953-0010