People of State of New York v Patel
Motion No: 2019-01135
Slip Opinion No: 2019 NY Slip Op 85202(U)
Decided on December 3, 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

M267860

kbp/

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

ROBERT J. MILLER

LINDA CHRISTOPHER, JJ.

2019-01135

People of State of New York, respondent,

v Vinod Patel, appellant.

(Index No. 2335N/06)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from an order of the Supreme Court, Nassau County, dated January 2, 2019, and for the assignment of new counsel. The appellant was granted poor person relief by decision and order on motion of this Court dated April 8, 2019, and the following named attorney was assigned as counsel to prosecute the appeal:

Joseph DeFelice

125-10 Queens Boulevard, Suite 302

Kew Gardens, NY 11415

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:

Richard M. Langone

600 Old Country Road, Suite 328

Garden City, NY 11530

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 shall serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.

CHAMBERS, J.P., AUSTIN, MILLER and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

07-A-2244

Woodbourne Corr. Fac.

99 Prison Road, PO Box 1000

Woodbourne, NY 12788