| People v Yost, Scott A. |
| Motion No: 2016-06835 |
| Slip Opinion No: 2017 NY Slip Op 61286(U) |
| Decided on January 17, 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
M224636
V/
REINALDO E. RIVERA, J.P.
MARK C. DILLON
CHERYL E. CHAMBERS
SYLVIA O. HINDS-RADIX, JJ.
|
2016-06835 The People, etc., respondent, v Scott A. Yost, appellant. (Ind. No. 13-00093)
| DECISION & ORDER ON MOTION |
Motion by assigned counsel to be relieved of the assignment to prosecute an appeal from an amended judgment of the County Court, Orange County, rendered June 10, 2016, and for the assignment of new counsel. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on August 23, 2016, and the following named attorney was assigned as counsel to prosecute the appeal:
Benjamin Greenwald, Esq.
121 Executive Drive, Suite 200
New Windsor, NY 12553
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted, and the former 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 as counsel to prosecute the appeal:
Richard L. Herzfeld, Esq.
112 Madison Avenue, 8th Floor
New York, NY 10016
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 presentence 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; and it is further,
ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.
RIVERA, J.P., DILLON, CHAMBERS and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court
Appellant's Address:
16-A-2629
Wallkill Corr. Fac.
50 McKendrick Road
P.O. Box G
Wallkill, New York 12589-0286