| People v Johnson, Tyrell |
| Motion No: 2018-04417 |
| Slip Opinion No: 2019 NY Slip Op 66164(U) |
| Decided on March 22, 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
M261333
V/
WILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
FRANCESCA E. CONNOLLY
ANGELA G. IANNACCI, JJ.
|
2018-04417 The People, etc., respondent, v Tyrell Johnson, appellant. (Ind. No. 97/17)
| DECISION & ORDER ON MOTION |
Motion by the appellant to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered April 4, 2018, and for the assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on July 30, 2018, and the following named attorney was assigned to prosecute the appeal:
Thomas N. N. Angell
Office of the Public Defender
22 Market Street
Poughkeepsie, NY 12601
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted; previously 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 to prosecute the appeal:
Gary E. Eisenberg
10 Esquire Road, Suite 10
New City, New York 10956and 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 pre-sentence 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 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 order upon the clerk of the court from which the appeal is taken.
MASTRO, J.P., LEVENTHAL, CONNOLLY and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court
Appellant's Address:
18-A-1661
Gowanda Corr. Fac.
P.O. Box 311
Gowanda, NY 14070-0311