Opinion
107949
06-06-2016
In the Matter of Lusher Wallace Petitioner v. Anthony J. Annucci as Acting Commissioner of Corrections and Community Supervision
George J. Hoffman, Jr., Esq. c/o Allen Desnoyers 90 State Street - Suite 602 Albany, NY 12207 JEFFREY TURNER, 15-A-3187, Great Meadow Correctional Facility, P.O. Box 51, Comstock, NY 12821-0051
Dear Mr. Hoffman:
Enclosed you will find two copies of this Court's decision and order re-assigning you to represent the appellant, together with a copy of the notice of appeal. Promptly contact the relieved attorney and request that all transcripts and other documents be forwarded to you. To the extent that such documents have not been obtained, promptly send one copy of the decision to Mr. Charles E. Diamond, Chief Clerk, Albany County Judicial Center - Room 113, 6 Lodge Street, Albany, New York 12207, with a request that you be furnished with a free copy of the transcripts and any other document relevant to the appeal. The Court considers the diligent prosecution of this appeal a matter of professional responsibility requiring your immediate attention. If the appeal is not perfected by the date set forth in the order, you must move on notice to the District Attorney and your client for a further extension of time to perfect the appeal. If the conviction is affirmed, § 821.2 (b) of this Court's Rules of Practice requires that you advise your client of his or her right to apply for permission to appeal to the Court of Appeals and to apply for poor person status, if leave to appeal is granted. If your client wants to seek leave, you should make a timely application therefore.
Our Administrative Handbook contains information regarding the appeal process and, if applicable, compensation for services rendered and reimbursement for expenditures. The handbook, commonly used forms and frequently asked questions, are available on the Assigned Counsel web page at www.nycourts.gov/ad3/AssignedCounsel. Please note that duplicating expenses are only allowed for reproducing 10 copies of the brief and appendix. Counsel should employ the least expensive method for reproduction. Reimbursement for disbursements in excess of $350 will not be allowed unless you obtain pre-approval. Thank you.
Very truly yours,
Joseph C. Rotello
Principal Attorney
JCR:jw
Enclosures
cc:
Jeffrey Turner