People v Phillip, Mustafaa
Motion No: 2020-07421
Slip Opinion No: 2022 NY Slip Op 72975(U)
Decided on October 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

M285366

AFA/

COLLEEN D. DUFFY, J.P.

REINALDO E. RIVERA

DEBORAH A. DOWLING

JANICE A. TAYLOR, JJ.

2020-07421

The People, etc., respondent,

v Mustafaa Phillip, appellant.

(Ind. No. 1521/2018)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Nassau County, rendered September 17, 2020. Motion by assigned counsel to be relieved of the assignment to prosecute the appeal and for the assignment of new counsel. On July 26, 2021, the following named attorney was assigned as counsel to prosecute the appeal:

Thomas A. Kenniff

87 Walker St., 2nd Floor

New York, NY 10013

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:

Charles E. Holster III

666 Old Country Road, Suite 600

Garden City, NY 11530

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., RIVERA, DOWLING and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court

Appellant's Address:

20-A-1815

Cayuga Corr. Fac.

P.O. Box 1186

Moravia, NY 13118