Opinion
Motion No 2018-06017 Ind. No. 2441/2016
03-17-2023
The People, etc., respondent, v. Paul A. Torres, appellant.
Unpublished Opinion
MOTION DECISION
M287912
AFA/MARK C. DILLON, J.P., COLLEEN D. DUFFY, LINDA CHRISTOPHER, JOSEPH A. ZAYAS, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of the County Court, Suffolk County, rendered April 10, 2018. Motion by Michael Blakey, retained counsel for the appellant, for leave to withdraw as counsel and for the assignment of new counsel. The appellant's motion for leave to dispense with printing on the appeal, and for a copy of the typewritten transcripts of the stenographic minutes, without charge, was granted on October 19, 2018.
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 Michael Blakey, Esq., 64C Old Riverhead Road, Westhampton Beach, NY 11978, is directed to turn over the transcripts and 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:
Steven Feldman
1129 Northern Blvd., Ste. 404
Manhasset, NY 11030 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 in the event an issue as to the legality, propriety or excessiveness of the sentence is raised on appeal, or if 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 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.
DILLON, J.P., DUFFY, CHRISTOPHER and ZAYAS, JJ., concur.