| People v Bentley, Garfield D., Jr. |
| Motion No: 2017-10963 |
| Slip Opinion No: 2018 NY Slip Op 77686(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. |
Appellate Division: Second Judicial Department
M252493
AFA/
REINALDO E. RIVERA, J.P.
MARK C. DILLON
JEFFREY A. COHEN
ANGELA G. IANNACCI, JJ.
|
2017-10963 The People, etc., respondent, v Garfield D. Bentley, Jr., appellant. (Ind. No. 16-00629)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se to relieve assigned counsel to prosecute an appeal from a judgment of the County Court, Orange County, rendered October 5, 2017, 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 March 14, 2018, and the following named attorney was assigned as counsel to prosecute the appeal:
Gary E. Eisenberg
10 Esquire Road, Suite 10
New City, NY 10956
Upon the papers filed in support of the motion and the papers filed in opposition and 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:
Warren S. Hecht
118-21 Queens Blvd., Suite 518
Forest Hills, NY 11375
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, COHEN and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court