| People v Carl, Kim |
| Motion No: 2018-14951 |
| Slip Opinion No: 2022 NY Slip Op 67073(U) |
| Decided on June 8, 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. |
Appellate Division: Second Judicial Department
M283355
AFA/
COLLEEN D. DUFFY, J.P.
BETSY BARROS
LINDA CHRISTOPHER
JOSEPH A. ZAYAS, JJ.
|
2018-14951 The People, etc., respondent, v Kim Carl, appellant. (Ind. No. 1148/2016)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the County Court, Westchester County, rendered October 30, 2018. Motion by appellant pro se 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 21, 2021, and the following named attorney was assigned as counsel to prosecute the appeal:
Adam Seiden
9 West Prospect Ave., Ste. 403
Mt. Vernon, NY 10550
Upon the papers filed in support of the motion and the papers filed in opposition and 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 Avenue, 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.
DUFFY, J.P., BARROS, CHRISTOPHER and ZAYAS, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court
Appellant's Address:
18-A-4317
Eastern NY Corr. Fac.
Box 338
Napanoch, NY 12458-0338