| People v Murphy, John |
| Motion No: 2018-15097 |
| Slip Opinion No: 2023 NY Slip Op 71083(U) |
| Decided on July 31, 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. |
Appellate Division: Second Judicial Department
M290268
AFA/
BETSY BARROS, J.P.
FRANCESCA E. CONNOLLY
ANGELA G. IANNACCI
LINDA CHRISTOPHER, JJ.
|
2018-15097 The People, etc., respondent, v John Murphy, appellant. (Ind. No. 00420/2017)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the County Court, Rockland County, rendered November 20, 2018. By decision and order of this Court dated February 24, 2021, the matter was remitted to the County Court, Rockland County, for further proceedings on the defendant's motion to withdraw his plea of guilty pursuant to CPL 220.60(3), for which the defendant was to be appointed new counsel, and thereafter a report to this Court limited to the County Court's findings with respect to the motion and whether the defendant established his entitlement to the withdrawal of his plea. The appeal was held in abeyance pending receipt of the County Court's report. The County Court has now filed its report. Motion by the defendant, inter alia, to vacate the County Court's report and to remit the matter to a different Judge of the County Court, Rockland County, for further proceedings on the defendant's motion to withdraw his plea of guilty pursuant to CPL 220.60(3), in accordance with the decision and order of this Court dated February 24, 2021, including the appointment of new counsel for the defendant.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted to the extent that the matter is again remitted to the County Court, Rockland County, for further proceedings on the defendant's motion to withdraw his plea of guilty pursuant to CPL 220.60(3), for which the defendant shall be appointed new counsel, and thereafter a report to this Court limited to the County Court's findings with respect to the motion and whether the defendant established his entitlement to the withdrawal of his plea, and the appeal is held in abeyance pending receipt of the County Court's report, which shall be filed with all convenient speed, and the motion is otherwise denied.
BARROS, J.P., CONNOLLY, IANNACCI and CHRISTOPHER, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court