| People v Johnson, Devon H. |
| Motion No: 2017-08777 |
| Slip Opinion No: 2019 NY Slip Op 61301(U) |
| Decided on January 24, 2019 |
| 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
M259440
V/
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
ROBERT J. MILLER
COLLEEN D. DUFFY, JJ.
|
2017-08777 The People, etc., respondent, v Devon H. Johnson, appellant. (Ind. No. 186/16)
| 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 August 1, 2017, following a trial, 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 July 10, 2018, and the following named attorney was assigned as counsel to prosecute the appeal:
Leslie W. Rubin
40 Woodbine Court
Floral Park, NY 11001
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:
Judah Maltz
125-10 Queens Blvd., Suite 12
Kew Gardens, NY 11415
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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 1250.9) 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.
DILLON, J.P., AUSTIN, MILLER and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court
Appellant's Address:
17-A-4751
Five Points Corr. Fac.
State Route 96, PO Box 119
Romulus, NY 14541