Opinion
Motion No. 2018-09328 Ind. No. 342/2017
10-04-2023
The People, etc., respondent, v. Brandyn W. Johnston, appellant.
Unpublished Opinion
MOTION DECISION
M291404
MARK C. DILLON, J.P., CHERYL E. CHAMBERS, LINDA CHRISTOPHER, BARRY E. WARHIT, JJ.DECISION & ORDER ON MOTION
Appeal from a judgment of the County Court, Rockland County, rendered May 15, 2018. Motion by assigned counsel to be relieved of the assignment to prosecute the appeal 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 November 1, 2019, and the following named attorney was assigned as counsel to prosecute the appeal:
Shepard Kays
228 East Route 59, Suite 46
Nanuet, NY 10954
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 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:
Mark Diamond
Box 388
Pound Ridge, NY 10576-919
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.
DILLON, J.P., CHAMBERS, CHRISTOPHER and WARHIT, JJ., concur.