People v. Desir

Full title: The People, etc., respondent, v. Clifford Desir, appellant.

Court: Supreme Court of the State of New York Appellate Division: Second Judicial Department

Date published: Sep 20, 2011

2011 N.Y. Slip Op. 84174 (N.Y. App. Div. 2011)

Opinion

Motion No: 2009-07450 2010-02915 Ind. No. 8123/07 M124689

09-20-2011

The People, etc., respondent, v. Clifford Desir, appellant.

MARK C. DILLON

, J.P.

ANITA R. FLORIO

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

DECISION & ORDER ON MOTION

Motion by assigned counsel to be relieved of the assignment to prosecute appeals from a judgment of the Supreme Court, Kings County, rendered July 27, 2009, and a resentence of the same court imposed February 25, 2010, and for the assignment of new counsel. By decision and order on motion dated December 21, 2009, as amended by decision and order on motion of this Court dated May 11, 2011, the appellant was granted poor person relief and the following named attorney was assigned as counsel to prosecute the appeals:

Steven Banks, Esq.
The Legal Aid Society

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 appeals:

Beverly Van Ness, Esq.
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 and resentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated or referred to in the report; and it is further,

ORDERED that the appellant's time to perfect the appeals is enlarged; assigned counsel shall prosecute the appeals expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeals are taken.

DILLON, J.P., FLORIO, LOTT and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court