People v Colon, Luis Rivera
Motion No: 2018-10805
Slip Opinion No: 2019 NY Slip Op 61391(U)
Decided on January 23, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M259419

E/sl

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-10805

The People, etc., respondent,

v Luis Rivera Colon, appellant.

(Ind. No. 1031B-17)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Suffolk County, rendered July 25, 2018, following a trial. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on January 3, 2019, and the following named attorney was assigned as counsel to prosecute the appeal:

Scott Lockwood

375 Commack Road, Suite 200

Deer Park, NY 11729

On the Court's own motion, it is

ORDERED that the assigned counsel is relieved of the assignment and 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:

Thomas J. Butler

P.O. Box 665

Melville, NY 11747

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 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.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

18-A-3072

Auburn Corr. Fac.

P.O. Box 618

Auburn, NY 13024