People v Borges, Humberto A.
Motion No: 2019-08597
Slip Opinion No: 2019 NY Slip Op 87096(U)
Decided on December 31, 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

M268570

E/sl

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2019-08597

The People, etc., respondent,

v Humberto A. Borges, appellant.

(S.C.I. No. 647/18)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Orange County, rendered March 7, 2019. By decision and order on motion of this Court dated December 4, 2019, the appellant was granted poor person relief and the following named attorney was assigned as counsel to prosecute the appeal:

Paul N. Weber

PO Box 330

Cornwall, NY 12518

On the Court's own motion, it is

ORDERED that assigned counsel is relieved of the assignment and directed to turn over all papers 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 L. Herzfeld

112 Madison Avenue, 8th Floor

New York, NY 10016

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:

19-A-026

Franklin Corr. Fac.

62 Bare Hill Rd., PO Box 10

Malone, NY 12953