People v Abellard, Jimmy
Motion No: 2017-02696
Slip Opinion No: 2018 NY Slip Op 77683(U)
Decided on July 13, 2018
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

M252489

AFA/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2017-02696, 2017-02698, 2017-02699

The People, etc., respondent,

v Jimmy Abellard, appellant.

(Ind. Nos. 16-00117, 15-00491, 16-00230)

DECISION & ORDER ON MOTION

Motion by assigned counsel to be relieved of the assignment to prosecute appeals from three judgments of the County Court, Rockland County, all rendered February 14, 2017. The appellant's motion for leave to prosecute the appeals as a poor person and for assignment of counsel was granted on October 11, 2017, and the following named attorney was assigned as counsel to prosecute the appeals:

Arleen Lewis

P.O. Box 219

Blauvelt, NY 10913

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.

On the court's own motion, it is

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeals:

John Lewis

36 Hemlock Drive

Sleepy Hollow, NY 10591

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 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; 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 appeals are taken.

SCHEINKMAN, P.J., MASTRO, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court