| People v Fate, Forest |
| Motion No: 2019-13174 |
| Slip Opinion No: 2020 NY Slip Op 70760(U) |
| Decided on August 28, 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
M272684
AFA/
ALAN D. SCHEINKMAN, P.J.
SYLVIA O. HINDS-RADIX
LINDA CHRISTOPHER
PAUL WOOTEN, JJ.
|
2019-13174 The People, etc., respondent, v Forest Fate, appellant. (Ind. No. 811/2018)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the County Court, Orange County, rendered October 15, 2019. Motion by the appellant to relieve assigned counsel 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 December 17, 2019, and the following named attorney was assigned as counsel to prosecute the appeal:
Kenyon C. Trachte
372 Fullerton Ave. Mailbox #19
Newburgh, NY 12550
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 L. Herzfeld
112 Madison Ave., 8th Fl.
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 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., HINDS-RADIX, CHRISTOPHER and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court
Appellant's Address:
19-A-3320
Five Points Corr. Fac.
State Rte. 96, P.O. Box 119
Romulus, NY 14541