People v. Amay

Full title: The People, etc., respondent, v. Paul Amay, appellant.

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

Date published: May 17, 2016

2016 N.Y. Slip Op. 73720 (N.Y. App. Div. 2016)

Opinion

Motion No: 2011-11744

05-17-2016

The People, etc., respondent, v. Paul Amay, appellant.

JOHN M. LEVENTHAL, J.P.

M211683

E/ct

JOHN M. LEVENTHAL, J.P.

THOMAS A. DICKERSON

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

(Ind. No. 2/11)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel to be relieved on an appeal from a judgment of the County Court, Putnam County, rendered November 15, 2011, and for the assignment of new counsel. Separate motion by the appellant pro se to relieve assigned counsel and for the assignment of new counsel. The appellant was granted poor person relief and by decision and order on motion of this Court dated July 9, 2015, the following named attorney was assigned as counsel to prosecute the appeal:

John P. Savoca, Esq.

P.O. Box 531

Yorktown Heights, NY 10598

Upon the papers filed in support of the motion by the appellant's assigned counsel and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion by the appellant pro se and the papers filed in relation thereto, it is

ORDERED that ordered that the motions are granted and counsel previously assigned to prosecute the appeal is relieved of the assignment and is directed to turn over all papers in this action to new counsel herein assigned; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as new counsel to prosecute the appeal:

Neal D. Futerfas, Esq.

50 Main Street, Suite 1000

White Plains, NY 10606

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 it is further,

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

LEVENTHAL, J.P., DICKERSON, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

11-A-5258

Green Haven Corr. Fac.

594 Rte 216

Stormville, NY 12582-0010