People v Floyd, John III
Motion No: 2021-03454
Slip Opinion No: 2022 NY Slip Op 61728(U)
Decided on February 14, 2022
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

M281480

AFA/

ROBERT J. MILLER, J.P.

JOSEPH J. MALTESE

JOSEPH A. ZAYAS

WILLIAM G. FORD, JJ.

2021-03454

The People, etc., respondent,

v John Floyd III, appellant.

(Ind. No. 593/2018)

DECISION & ORDER ON MOTION

Appeal from an amended judgment of the County Court, Orange County, rendered April 23, 2021. Motion by assigned counsel to be relieved of the assignment to prosecute the appeal 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 June 23, 2021, and the following named attorney was assigned as counsel to prosecute the appeal:

Michael Collado

3 Hammond Lane

Wallkill, NY 12589

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:

Paul N. Weber

P.O. Box 330

Cornwall, NY 12518

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.

MILLER, J.P., MALTESE, ZAYAS and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court

Appellant's Address:

21-A-0510

Lakeview Shock Incarceration

P.O. Box T

Brocton, NY 14716-0679