People v Crosby, Destin
Motion No: 2018-11213
Slip Opinion No: 2019 NY Slip Op 84587(U)
Decided on November 21, 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 DepartmentM267618

E/mb

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-11213

The People, etc., respondent,

v Destin Crosby, appellant.

(Ind. No. 16-00475)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Westchester County, rendered July 18, 2018. By decision and order on motion of this Court dated December 27, 2018, the appellant was granted poor person relief and the following named attorney is assigned as counsel to prosecute the appeal:

Leonard J. Levenson

225 Broadway, Suite 1804

New York, NY 10007

On the Court's own motion, it is

ORDERED that counsel is relieved of the assignment and 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 new counsel to prosecute the appeal:

Valerie Livingston

1133 Westchester Ave., Suite N-202

White Plains, New York 10604

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 appellant's sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in 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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

18-A-3003

Hale Creek ASACTC

279 Maloney Road

P.O. Box 950

Johnstown, NY 12095