People v L. (Anonymous), Justin
Motion No: 2023-02152
Slip Opinion No: 2023 NY Slip Op 76005(U)
Decided on October 30, 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

M291943

AFA/

VALERIE BRATHWAITE NELSON, J.P.

JOSEPH J. MALTESE

WILLIAM G. FORD

CARL J. LANDICINO, JJ.

2023-02152

The People, etc., respondent,

v Justin L. (Anonymous), appellant.

(Ind. No. 70269/2022)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Rockland County, rendered January 18, 2022. Motion by assigned counsel to be relieved of the assignment to prosecute the appeal and for the assignment of new counsel. The appellant was granted poor person relief and assigned counsel to prosecute the appeal pursuant to Criminal Procedure Law § 380.55(2) by decision and order on motion of this Court dated June 5, 2023, and the following named attorney was assigned as counsel to prosecute the appeal:

James D. Licata

Office of the Public Defender

11 New Hempstead Road

New City, NY 10956-3664

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:

Steven Feinman

One North Broadway, Ste. 412

White Plains, NY 10601

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.

BRATHWAITE NELSON, J.P., MALTESE, FORD and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court