People v Valentin, Benjamin
Motion No: 2015-11770
Slip Opinion No: 2017 NY Slip Op 65113(U)
Decided on February 23, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M226622

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2015-11770, 2015-11771, 2015-11772

The People, etc., respondent,

v Benjamin Valentin, appellant.

(Ind. Nos. 14-00165, 14-00389, 14-00432)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated January 20, 2017, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

The appellant's motion to dispense with printing and for assignment of counsel on appeals from three judgments of the County Court, Orange County, all rendered January 22, 2015, was granted by decision and order on motion of this Court dated February 19, 2016. The following named attorney was assigned to prosecute the appeals:

Christopher J. Smith, Esq.

P.O. Box 3016

Middletown, NY 10940

On the Court's own motion, it is

ORDERED that counsel previously assigned to prosecute the appeals 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 appeals:

Anthony N. Iannarelli, Jr., Esq.

302A West 12th Street, No. 333

New York, NY 10014

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 appeals is enlarged; assigned counsel shall prosecute the appeals 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:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043