People v Olivarez, Antonio
Motion No: 2019-09025
Slip Opinion No: 2020 NY Slip Op 68981(U)
Decided on July 22, 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

M272036

AFA/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2019-09025

The People, etc., respondent,

v Antonio Olivarez, appellant.

(Ind. No. 853/2018)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Westchester County, rendered July 9, 2019. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on November 18, 2019, and the following named attorney was assigned as counsel to prosecute the appeal:

Gary M. Gash

c/o Gash & Associates, PC

235 Main Street, Third Floor

White Plains, NY 10601

On the court's own motion, it is

ORDERED that assigned counsel is relieved of the assignment and 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:

John F. DeChiaro

2001 Palmer Ave., Suite 204

Larchmont, NY 10538

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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

19-A-2661

Downstate Corr. Fac.

121 Red Schoolhouse Rd.

Fishkill, NY 12524