People v Nesbitt, Edward M.
Motion No: 2023-05299
Slip Opinion No: 2024 NY Slip Op 62610(U)
Decided on February 16, 2024
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

M294279

AFA/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2023-05299

The People, etc., respondent,

v Edward M. Nesbitt, appellant.

(Ind. No. 70307/2019)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Nassau County, rendered May 25, 2023. The appellant's motion for poor person relief and the assignment of counsel was granted on December 27, 2023, and the following named attorney was assigned to prosecute the appeal:

Megan Gallagher

166 Southard Avenue

Rockville Centre, NY 11570

On the Court's own motion, it is

ORDERED that previously assigned counsel is relieved of the assignment and 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 to prosecute the appeal:

Steven Feinman

One North Broadway, Suite 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 pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated 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 is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court

Appellant's Address:

23-r-1457

Gouverneur Corr. Fac.

P.O. Box 370

Gouverneur, NY 13642-0370