Opinion
Motion No: 2012-02639 M142320
08-17-2012
People of State of New York, respondent, v. William Baluja, appellant.
, J.P.
DANIEL D. ANGIOLILLO
RUTH C. BALKIN
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Motion by Robert C. Mitchell, Esq., Legal Aid Society of Suffolk County, counsel assigned to represent the appellant by the County Court, Suffolk County, to be relieved of the assignment to prosecute an appeal from an order of the County Court, Suffolk County, dated February 15, 2012.
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:
Mark Diamond, Esq.
Box 287356
Yorkville Station
New York, N.Y. 10128
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 or considered by the trial court in connection with the appellant's risk level determination, 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 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.
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 appeal is taken.
DILLON, J.P., ANGIOLILLO, BALKIN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court