Opinion
2021-70894 Motion 2018-02527
08-30-2021
The People, etc., respondent, v. Clinton Lawson, appellant. Ind. No. 5933/2014
Unpublished Opinion
MOTION DECISION
WILLIAM F. MASTRO, J.P., COLLEEN D. DUFFY, LINDA CHRISTOPHER, JOSEPH A. ZAYAS, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of the Supreme Court, Kings County, rendered December 18, 2017. Motion by the appellant pro se to discharge retained counsel, for the assignment of counsel, and to continue his status as a poor person. The appellant was granted poor person relief by decision and order on motion of this Court dated July 23, 2018, and retained counsel was substituted for assigned counsel and poor person relief was continued by decision and order on motion of this Court dated October 18, 2018.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is
ORDERED that the motion is granted, and pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner, Acting Attorney-in-Charge
Appellate Advocates
111 John Street - 9th Floor
New York, New York 10038
and it is further,
ORDERED that former retained counsel, The Law Office of Audrey A. Thomas, PLLC, 245-07 Francis Lewis Boulevard, Rosedale, NY 11422, is directed to turn over all transcripts and contents of the original court file in her possession to assigned counsel; the clerk of the trial court shall furnish to the appellant's assigned counsel, without charge, one certified transcript of any of the proceedings to be transcribed as set forth in the decision and order on motion of this Court dated July 23, 2018, and not previously provided to former retained counsel (see CPL 460.70); assigned counsel is directed to turn over the transcripts to the respondent when counsel serves the appellant's brief on the respondent; 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 it is further, ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to this Court and the respondent prior to the filing of such brief or motion; 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 in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; 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, J.P., DUFFY, CHRISTOPHER and ZAYAS, JJ., concur.