| People of State of New York v Desean L. Bailey |
| Motion No: 2022-00933 SCR |
| Slip Opinion No: 2023 NY Slip Op 79107(U) |
| Decided on December 11, 2023 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th Judicial Districts
ELIZABETH H. EMERSON, J.P.
JERRY GARGUILO
TIMOTHY S. DRISCOLL, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Desean L. Bailey, Appellant. |
Motion by Felice B. Milani, Esq., with the Legal Aid Society of Suffolk County, counsel assigned to represent appellant on an appeal from a judgment of conviction of the District Court of Suffolk County, First District, rendered September 21, 2022, to be relieved as counsel and to have other counsel substituted.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is
ORDERED that the motion is granted and Richard Herzfeld, Esq. is assigned pursuant to article 18-B of the County Law; and it is further,
ORDERED that the office of the Legal Aid Society of Suffolk County shall provide new counsel with all papers; and it is further,
ORDERED, on the court's own motion, that the appeal shall be perfected expeditiously; 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, if any, prepared in connection with appellant's sentencing, including the recommendation sheet and any prior reports on appellant which are incorporated or referred to in the report.
ENTER:
Paul Kenny
Chief Clerk