People v Etienne, Kervin
Motion No: 2019-09199
Slip Opinion No: 2020 NY Slip Op 65567(U)
Decided on April 21, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M270571

kbp/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2019-09199, 2019-09204

The People, etc., respondent,

v Kervin Etienne, appellant.

(Ind. Nos. 157/18, 1512/17)

DECISION & ORDER ON MOTION

Appeals by Kervin Etienne from two judgments of the Supreme Court, Nassau County, both rendered July 26, 2019. The appellant was granted poor person relief on July 26, 2019, and by decision and order on motion of this Court dated August 15, 2019, the following named attorney was assigned as counsel to prosecute the appeals:

Michael A. Fiechter

PO Box 1107

Bellmore, New York 11710

On the Court's own motion, it is

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeals:

Mark Diamond

Box 287356, Yorkville Station

New York, NY 10128

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 defendant's sentencing, including the recommendation sheet and any prior reports on the defendant 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 as soon as is practicable, assigned counsel shall either (1) advise the Court, in writing, that he is adopting the brief filed by former assigned counsel, (2) advise the Court, in writing, that he is adopting the brief filed by former assigned counsel and serve and file a supplemental brief, or (3) serve and file a replacement brief; 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 appeals are taken.

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

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

12-R-3193

Queensboro Corr. Fac.

47-04 Van Dam Street

Long Island City, New York 11101