| People v Johnson, Carl |
| Motion No: 2019-10905 |
| Slip Opinion No: 2020 NY Slip Op 62332(U) |
| Decided on February 7, 2020 |
| 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
M269458
kbp/
WILLIAM F. MASTRO, J.P.
JEFFREY A. COHEN
LINDA CHRISTOPHER
PAUL WOOTEN, JJ.
|
2019-10905 The People, etc., respondent, v Carl Johnson, appellant. (Ind. No. 543/17)
| DECISION & ORDER ON MOTION |
Motion by assigned counsel to be relieved of the assignment to prosecute an appeal from a judgment of the County Court, Orange County, rendered August 9, 2019, and for the assignment of new counsel. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on October 31, 2019, and the following named attorney was assigned as counsel to prosecute the appeal:
Christopher J. Cardinale
158 Orange Avenue, P.O. Box 367
Walden, NY 12586
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:
Kenyon C. Trachte
372 Fullerton Ave., Mailbox #19
Newburgh, NY 12550
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.
MASTRO, J.P., COHEN, CHRISTOPHER and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court
Appellant's Address:
19-A-3174
Downstate Corr. Fac.
121 Red Schoolhouse Road, Box F
Fishkill, NY 12524