People v. Carl

Full title: The People, etc., respondent, v. Kim Carl, appellant.

Court: Supreme Court of New York, Appellate Division, Second Department

Date published: Dec 22, 2021

No. 2018-14951 (N.Y. App. Div. Dec. 22, 2021)

Opinion

2018-14951 Ind. 2016-01148

12-22-2021

The People, etc., respondent, v. Kim Carl, appellant.

M280648 AFA/

SYLVIA O. HINDS-RADIX, J.P. ROBERT J. MILLER BETSY BARROS FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Westchester County, rendered October 30, 2018. Motion by the appellant pro se to relieve assigned counsel and for the assignment of new counsel. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on December 23, 2020, and the following named attorney was assigned as counsel to prosecute the appeal:

Andrew W. Sayegh 615 Yonkers Ave. Yonkers, NY 10704

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 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:

Adam Seiden 9 West Prospect Ave., Ste. 403 Mt. Vernon, NY 10550

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, including the recommendation sheet and any prior reports on the appellant which are incorporated in 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 shall serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.

HINDS-RADIX, J.P., MILLER, BARROS and CONNOLLY, JJ., concur.