People v White, John
Motion No: 2022-06287
Slip Opinion No: 2023 NY Slip Op 69954(U)
Decided on July 10, 2023
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

M289938

AFA/

ANGELA G. IANNACCI, J.P.

JOSEPH J. MALTESE

HELEN VOUTSINAS

JANICE A. TAYLOR, JJ.

2022-06287

The People, etc., respondent,

v John White, appellant.

(Ind. No. 1596/2006)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated June 22, 2022, issued pursuant to CPL 440.47. 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 February 24, 2023, and the following named attorney was assigned as counsel to prosecute the appeal:

Joseph DeFelice

125-10 Queens Blvd., Ste. 302

Kew Gardens, NY 11415

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:

Marianne Karas

980 Broadway, Ste. 324

Thornwood, NY 10594

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.

IANNACCI, J.P., MALTESE, VOUTSINAS and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court