Opinion
Motion No: 2011-04232 Ind. No. 126/10 M127017
10-07-2011
The People, etc., respondent, v. William Tockash, appellant.
, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
DECISION & ORDER ON MOTION
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated October 3, 2011, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
The appellant's motion for leave to prosecute an appeal from a judgment of the Supreme Court, Nassau County, rendered April 8, 2011, as a poor person, and for the assignment of counsel was granted on June 21, 2011. The following named attorney was assigned to prosecute the appeal:
Richard Barbuto, Esq.
On the Court's own motion, it is
ORDERED that counsel previously assigned to prosecute the appeal is relieved of the assignment and is directed to turn over all papers in this action to new counsel herein assigned; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as new counsel to prosecute the appeal:
Judah Maltz, Esq.
and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence 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.
PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court