| People v Petion, Rubens |
| Motion No: 2016-03888 |
| Slip Opinion No: 2017 NY Slip Op 69345(U) |
| Decided on April 3, 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
M228755
V/
REINALDO E. RIVERA, J.P.
L. PRISCILLA HALL
HECTOR D. LASALLE
FRANCESCA E. CONNOLLY, JJ.
|
2016-03888
The People, etc., respondent, v Rubens Petion, appellant. (Ind. No. 1722N/13)
| DECISION & ORDER ON MOTION |
Motion by assigned counsel to be relieved of the assignment to prosecute an appeal from a judgment of the Supreme Court, Nassau County, rendered April 11, 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 June 14, 2016, and the following named attorney was assigned as counsel to prosecute the appeal:
Andrew MacAskill, Esq.
355 Post Avenue, Suite 201
Westbury, NY 11590
Upon the papers filed in support of the motion and the papers filed 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:
Beverly Van Ness, Esq.
233 Broadway, Suite 2704
New York, NY 10279
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., HALL, LASALLE and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court
Appellant's Address:
16A1689
Coxsackie Corr. Fac.
PO Box 999
Coxsackie, NY 12051-0999