People v. Ellis

Full title: The People, etc., respondent, v. Vincent Ellis, appellant.

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

Date published: Apr 17, 2013

2013 N.Y. Slip Op. 70687 (N.Y. App. Div. 2013)

Opinion

2011-04609 Ind. No. 2454/09 M154629

04-17-2013

The People, etc., respondent, v. Vincent Ellis, appellant.

PETER B. SKELOS

, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

DECISION & ORDER ON MOTION

Motion by Patrick M. Megaro, retained counsel for the appellant, for leave to withdraw as counsel on an appeal from a judgment of the Supreme Court, Queens County, rendered April 26, 2011, and for the assignment of new counsel. The appellant's motion for leave to dispense with printing on the appeal, and for a copy of the typewritten transcripts of the stenographic minutes, without charge, was granted on August 10, 2011.

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 Patrick M. Megaro, Esq., 626 RXR Plaza, West Tower, 6th Floor, Uniondale, N.Y. 11556, is directed to turn over the transcripts 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:

Steven Banks, Esq.

The Legal Aid Society

199 Water Street - 5th Floor

New York, New York 10038

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 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; 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 appeal is taken.

SKELOS, J.P., LEVENTHAL, HALL and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court