Opinion
Motion No: 109181
03-09-2018
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID COLON, Appellant.
DECISION AND ORDER ON MOTION
Motion to be relieved of assignment and to assign new counsel.
Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted, and Stephen W. Herrick, Albany County Public Defender, 60 South Pearl Street, 4th Floor, Albany NY, 12207, 518-447-7150, is relieved from any further obligation to represent appellant, and it is further
ORDERED that Catherine A. Barber, Esq., P.O. Box 1521, Guilderland, NY 12084, 518-356-0424, is assigned to represent appellant upon this appeal pursuant to County Law section 722, and the appeal shall be perfected in accordance with section 800.14 of this Court's Rules of Practice, and it is further
ORDERED that pursuant to section 800.4 (c) of this Court's Rules of Practice, the Albany County Court Clerk shall furnish to appellate counsel one copy of the transcripts of the stenographic minutes of all proceedings in this matter and one copy of any other paper or document on file in that office which is material and relevant to this appeal, except those portions which appellate counsel or the criminal court determines are unnecessary for perfection of the appeal, and to forward forthwith the other copy of said transcripts to the Clerk of this Court. However, if such minutes and other papers or documents were previously provided to Stephen W. Herrick, Esq., said counsel shall forward those documents to Catherine A. Barber, Esq., within ten (10) days of the date of this decision, and it is further
ORDERED that if the appeal is not perfected on or before May 8, 2018, appellate counsel shall move on notice for a further extension of time to perfect the appeal.
Garry, P.J., Egan, Jr., Devine and Mulvey, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court