People v. Gunn

Full title: THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DARYL GUNN…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Jul 28, 2015

2015 N.Y. Slip Op. 80354 (N.Y. App. Div. 2015)

Opinion

KA 11-02329 Indictment No: 03-242-1

07-28-2015

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DARYL GUNN, DEFENDANT-APPELLANT.

SMITH, J.P., CENTRA, PERADOTTO, SCONIERS, AND VALENTINO, JJ.

PRESENT:

Counsel for appellant having moved to be relieved of her assignment to prosecute the appeal taken from the judgment of Onondaga County Court, rendered October 18, 2011,

Now, upon reading and filing the affirmation of Linda M. Campbell, Esq. dated June 24, 2015, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and Linda M. Campbell, Esq. is relieved of her assignment, and

It is further ORDERED that John A. Cirando, Esq, 101 S. Salina Street, Suite 1010, Syracuse, New York 13202, is substituted as counsel to conduct the above-entitled appeal taken from a judgment of Onondaga County Court, rendered October 18, 2011, in place of Linda M. Campbell, Esq., and said appeal may be prosecuted upon one record as defined by 22 NYCRR 1000.3(c)(1) and ten copies of appellant's brief reproduced pursuant to CPLR 5529, and

It is further ORDERED that the Clerk of Onondaga County is directed to provide John A. Cirando, Esq. with copies of all papers and transcripts of stenographic, digitally recorded, or audiotaped minutes, if any, of the proceedings upon which the appeal is based, and

It is further ORDERED that any continued unwillingness or refusal to communicate with assigned counsel may be deemed by this Court to constitute a forfeiture of appellant's right to assigned counsel and may result in the vacatur of this Court's prior orders entered January 11, 2012 and May 12, 2014 granting appellant the right to assigned counsel on said appeal (see People v McElveen, 234 AD2d 228, app denied 89 NY2d 1097; People v Sloane, 262 AD2d 431, lv denied 93 NY2d 1027), and

It is further ORDERED that the ordering paragraph of the order of this Court entered April 14, 2015 is hereby amended by striking therefrom August 11, 2015 and inserted in place thereof November 9, 2015.

Entered: July 28, 2015

Frances E. Cafarell, Clerk