People v. Jessamy

Full title: The People, etc., respondent, v. Turhan F. Jessamy, appellant.

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

Date published: Apr 2, 2013

2013 N.Y. Slip Op. 69251 (N.Y. App. Div. 2013)

Opinion

2011-06192 Ind. No. 10-00846 M153969

04-02-2013

The People, etc., respondent, v. Turhan F. Jessamy, appellant.

WILLIAM F. MASTRO

, A.P.J.

THOMAS A. DICKERSON

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion dated August 14, 2012, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by assigned counsel to be relieved of the assignment to prosecute an appeal from a judgment of the County Court, Westchester County, rendered June 9, 2011, and for the assignment of new counsel. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on August 4, 2011, and the following named attorney was assigned as counsel to prosecute the appeal:

Mark C. Fang, Esq.

Upon the papers filed in support of the motion and no papers having been filed in opposition or 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:

Jason M. Bernheimer, Esq.
P.O. Box 592
Katonah, N.Y. 10536
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.

MASTRO, A.P.J., DICKERSON, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court