Opinion
2012-06598 Ind. No. 8251/04 M156698
05-22-2013
The People, etc., respondent, v. Sheldon Thomas, appellant.
, J.P.
DANIEL D. ANGIOLILLO
CHERYL E. CHAMBERS
SYLVIA HINDS-RADIX, JJ.
DECISION & ORDER ON MOTION
Motion by the appellant to relieve counsel assigned to prosecute an appeal, by permission, from an order of the Supreme Court, Kings County, dated June 5, 2012, to substitute pro bono counsel, and to continue his status as a poor person. By decision and order on motion of this Court dated March 7, 2013, the appellant was granted poor person relief, and the following named attorney was assigned as counsel to prosecute the appeal:
Lynn W. L. Fahey, Esq.
Appellate Advocates
2 Rector Street - 10th Floor
New York, New York 10006
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 assigned counsel is directed to turn over all papers in the action to pro bono counsel:
Donald J. Yannella, Esq.
233 Broadway, Suite 2370
New York, New York 10279
and it is further,
ORDERED that the appellant's poor person status is continued; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged. Pro bono 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 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 pro bono 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 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 pro bono 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 the Court and the District Attorney's office prior to the filing of such brief or motion; and it is further,
ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing pro bono 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 pro bono 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.
DILLON, J.P., ANGIOLILLO, CHAMBERS and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court