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M303629_pdf.md
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-01600
The People, etc., respondent, v Ammaar Ali, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 73671/2021)
Appeal by Ammaar Ali from a judgment of the Supreme Court, Kings County, rendered January 25, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Alexandra Ferlise, dated January 28, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
PEOPLE v ALI, AMMAAR
M303629 AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
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Appellant's address : 315 Harman St. Brooklyn, NY 11237
| 100 |
M303630_pdf.md
|
## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-01597, 2025-01598
The People, etc., respondent, v Diquan Williams, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. Nos. 71089/2024, 72328/2023)
Appeals by Diquan Williams from two judgments of the Supreme Court, Kings County, both rendered January 17, 2025, upon pleas of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Alexandra Ferlise, dated January 28, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeals:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the pleas of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
M303630
AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 appeals is extended; assigned counsel shall prosecute the appeals expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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 appeals; 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 appeals are taken.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
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ENTER:
Darrell M. Joseph
Clerk of the Court
Appellant's address : 25-R-0303 Ulster Corr. Fac. P.O. Box 800 Napanoch, NY 12458-0800 March 17, 2025
| 101 |
M303631_pdf.md
|
## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303631 AFA/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-01595
The People, etc., respondent, v Swahili Johnson, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 73246/2023)
Appeal by Swahili Johnson from a judgment of the Supreme Court, Kings County, rendered January 7, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated January 29, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Twyla Carter The Legal Aid Society 199 Water Street - 5th Floor New York, NY 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]);
additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
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ENTER:
Darrell M. Joseph
Clerk of the Court
Appellant's address : 84-12 Rockaway Beach Blvd. Rockaway Beach, NY 11643
| 102 |
M303632_pdf.md
|
## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-01596
The People, etc., respondent, v Emmanuel Duah, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 73417/2024)
Appeal by Emmanuel Duah from a judgment of the Supreme Court, Kings County, rendered January 10, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Alexandra Ferlise, dated January 28, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
March 17, 2025
M303632
AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
<!-- image -->
ENTER:
Darrell M. Joseph Clerk of the Court
Appellant's address : 1354 Prospect Place Brooklyn, NY 11213
| 103 |
M303634_pdf.md
|
## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303634
AFA/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-01589
The People, etc., respondent, v Kenya Simmons, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 74448/2024)
Appeal by Kenya Simmons from a judgment of the Supreme Court, Kings County, rendered January 14, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Alexandra Ferlise, dated January 28, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court
<!-- image -->
Appellant's address : 24-R-2077 Wyoming Corr. Fac. P.O. Box 501
Attica, NY 14011-0501
March 17, 2025
| 104 |
M303637_pdf.md
|
## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-01588
The People, etc., respondent, v Patrice Laguerre, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 75185/2023)
Appeal by Patrice Laguerre from a judgment of the Supreme Court, Kings County, rendered January 6, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated January 28, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
M303637
AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
<!-- image -->
ENTER:
Darrell M. Joseph Clerk of the Court
Appellant's address :
170-11 143rd St. Jamaica, NY 11434
| 105 |
M303654_pdf.md
|
## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303654
ID/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-01548
The People, etc., respondent, v Brandon Jobson, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 72727/2023)
Appeal by Brandon Jobson from a judgment of the Supreme Court, Kings County, rendered January 10, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Alexandra Ferlise, dated January 14, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
March 19, 2025
PEOPLE v JOBSON, BRANDON
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court
<!-- image -->
Fishkill Correctional Facility 271 Matteawan Road, P.O. Box 1245
Appellant's address: 25-B-0229 Beacon, NY 12508-0307
March 19, 2025
| 106 |
M303660_pdf.md
|
## Supreme Court of the State of New York Appellate Division: Second Judicial Department
LARA J. GENOVESI, J.P. DEBORAH A. DOWLING JANICE A. TAYLOR PHILLIP HOM, JJ.
2023-03885
The People, etc., respondent, v Santos J. Flores, appellant.
DECISION & ORDER ON MOTION
(Ind. No. 71426/2021, 1199/2021)
Appeal from a judgment of the County Court, Suffolk County, rendered April 17, 2023. Motion by assigned counsel to be relieved of the assignment to prosecute the appeal and for the assignment of new counsel. The appellant was granted waiver of costs, fees, and expenses and was assigned counsel on August 21, 2024, pursuant to Criminal Procedure Law § 380.55(2), and the following named attorney was assigned as counsel to prosecute the appeal:
Laurette D. Mulry Legal Aid Society of Suffolk County 300 Center Drive, PO Box 1697 Riverhead, NY 11901-3398
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 the former assigned counsel is directed to turn over 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:
Charles Von Schmidt 9100 Republic Airport, Hanger Three Farmingdale, NY 11735
and it is further,
March 19, 2025
PEOPLE v FLORES, SANTOS J.
M303660
ID/
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 to provide additional copies to this Court upon demand; and it is further,
ORDERED that the appellant's time to perfect the appeal is extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) and written directions; and it is further,
ORDERED that assigned counsel shall serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.
GENOVESI, J.P., DOWLING, TAYLOR and HOM, JJ., concur.
ENTER:
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Appellant's Address : 23-R-1065 Wallkill Correctional Facility 50 McKendrick Road, P.O. Box G Wallkill, NY 12589-0286
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303679
AFA/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-01587
The People, etc., respondent, v John Sturdivant, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 70478/2024)
Appeal by John Sturdivant from a judgment of the Supreme Court, Kings County, rendered January 2, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated January 28, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
<!-- image -->
Appellant's address : 24-R-1056 Sing Sing Corr. Fac. 354 Hunter St. Ossining, NY 10562 March 19, 2025
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-01584
The People, etc., respondent, v George Cherry, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 72692/2024)
Appeal by George Cherry from a judgment of the Supreme Court, Kings County, rendered January 3, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated January 28, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Twyla Carter The Legal Aid Society 199 Water Street - 5th Floor New York, NY 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
March 19, 2025
M303680
AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
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ENTER:
Darrell M. Joseph Clerk of the Court
Appellant's address : 1163 East 100th St., 1st Fl. Brooklyn, NY 11236
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303681
AFA/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-01582
The People, etc., respondent, v Joel Roldan, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 71799/2024)
Appeal by Joel Roldan from a judgment of the Supreme Court, Kings County, rendered January 24, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Alexandra Ferlise, dated January 28, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court
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Appellant's address : 25-R-0419 Ulster Corr. Fac. P.O. Box 800 Napanoch, NY 12458-0800
March 19, 2025
PEOPLE v ROLDAN, JOEL
| 110 |
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|
## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303682
AFA/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-01581
The People, etc., respondent, v Christina Smith, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 72842/2024)
Appeal by Christina Smith from a judgment of the Supreme Court, Kings County, rendered January 23, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Alexandra Ferlise, dated January 28, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
March 19, 2025
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court
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Appellant's address : 25-G-0067 Bedford Hills Corr. Fac. 247 Harris Road Bedford Hills, NY 10507-2400
March 19, 2025
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-01577
The People, etc., respondent, v Kirk Anthony Phillips, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 76565/2022)
Appeal by Kirk Anthony Phillips from a judgment of the Supreme Court, Kings County, rendered January 17, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Alexandra Ferlise, dated January 28, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
March 19, 2025
M303683
AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
<!-- image -->
ENTER:
Darrell M. Joseph Clerk of the Court
Appellant's address : 360 Snediker Ave., #4C Brooklyn, NY 11207
March 19, 2025
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|
## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-01574
The People, etc., respondent, v Jamar Johnson, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 70873/2023)
Appeal by Jamar Johnson from a judgment of the Supreme Court, Kings County, rendered January 2, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated January 22, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
March 19, 2025
M303685 AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
<!-- image -->
Appellant's address :
Please make inquiry to the State Inmate Locator New York State Department of Correctional Services Telephone: (518) 457-0043
March 19, 2025
| 113 |
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|
## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-01569
The People, etc., respondent, v Sergeo Frederick, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 73032/2023)
Appeal by Sergeo Frederick from a judgment of the Supreme Court, Kings County, rendered January 2, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated January 22, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
M303687 AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
<!-- image -->
ENTER:
Darrell M. Joseph
Clerk of the Court
Appellant's address : 1540 71st St. Brooklyn, NY 11228
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|
## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-01561, 2025-01563
The People, etc., respondent, v Quameek English, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. Nos. 71927/2022, 75089/2023)
Appeals by Quameek English from two judgments of the Supreme Court, Kings County, both rendered January 10, 2025, upon pleas of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated January 31, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeals:
Twyla Carter The Legal Aid Society 199 Water Street - 5th Floor New York, NY 10038
and it is further,
ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the pleas of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
M303691
AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 appeals is extended; assigned counsel shall prosecute the appeals expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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 appeals; 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 appeals are taken.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court
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Appellant's address : 25-R-0174
Ulster Corr. Fac. P.O. Box 800 Napanoch, NY 12458-0800
March 19, 2025
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-01560
The People, etc., respondent, v Enrique Campaz, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 75159/2024)
Appeal by Enrique Campaz from a judgment of the Supreme Court, Kings County, rendered January 7, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Alexandra Ferlise, dated January 13, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
March 19, 2025
M303692 AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
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ENTER:
Darrell M. Joseph
Clerk of the Court
Appellant's address : 550 East 21st St. Brooklyn, NY 11226
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303723
AFA/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-01555
The People, etc., respondent, v Rhyan King, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 76841/2022)
Appeal by Rhyan King from a judgment of the Supreme Court, Kings County, rendered January 7, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Alexandra Ferlise, dated January 22, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
PEOPLE v KING, RHYAN
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
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ENTER:
Darrell M. Joseph
Clerk of the Court
Appellant's address : 25-R-0221 Ulster Corr. Fac. P.O. Box 800 Napanoch, NY 12458-0800
March 21, 2025
PEOPLE v KING, RHYAN
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303724
AFA/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-01554
The People, etc., respondent, v Jason Argentina, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 420/2020)
Appeal by Jason Argentina from a judgment of the Supreme Court, Kings County, rendered January 8, 2025, following a trial. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Alexandra Ferlise, dated January 22, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court
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Appellant's address : 25-B-0151 Five Points Corr. Fac. P.O. Box 119 Romulus, NY 14541
March 21, 2025
PEOPLE v ARGENTINA, JASON
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303726
AFA/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-01553
The People, etc., respondent, v Carlos Primero, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 5697/2017)
Appeal by Carlos Primero from a judgment of the Supreme Court, Kings County, rendered January 8, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated January 29, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
<!-- image -->
Appellant's address
:
Please make inquiry to the State Inmate Locator New York State Department of Correctional Services Telephone: (518) 457-0043
March 21, 2025
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303728
AFA/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-01551
The People, etc., respondent, v Anddy Lopez, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 76929/2023)
Appeal by Anddy Lopez from a judgment of the Supreme Court, Kings County, rendered January 7, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Alexandra Ferlise, dated January 14, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court
<!-- image -->
Appellant's address : 25-R-0161 Wyoming Corr. Fac. P.O. Box 501 Attica, NY 14011-0501
March 21, 2025
PEOPLE v LOPEZ, ANDDY
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-01003
The People, etc., respondent, v Romaine McRae, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. Nos. 70504/2023, 290/2023)
Appeal by Romaine McRae from a judgment of the Supreme Court, Orange County, rendered January 6, 2025, following a trial. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Paul N. Weber, dated January 14, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Paul N. Weber P.O. Box 330 Cornwall, NY 12518
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
M303730
AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court
<!-- image -->
:
Appellant's address 25-B-0158 Auburn Corr. Fac. P.O. Box 618 Auburn, NY 13021
March 21, 2025
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-01706
The People, etc., respondent, v Elijah D. Cruz, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. Nos. 70933/2023, 474/2023)
Appeal by Elijah D. Cruz from a judgment of the Supreme Court, Orange County, rendered January 15, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Chrysi Prakas, dated January 28, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Alex Smith 6 North Street Middletown, NY 10940
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
M303731
AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Darrell M. Joseph Clerk of the Court
<!-- image -->
<!-- image -->
Appellant's address :
Please make inquiry to the State Inmate Locator New York State Department of Correctional Services Telephone: (518) 457-0043
March 21, 2025
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303733
AFA/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2024-11035
The People, etc., respondent, v Holmark K. Garces, appellant.
DECISION & ORDER ON MOTION Motion for Waiver of Costs, Fees, and Expenses and to Assign Counsel
(Ind. No. 73283/2022)
Appeal by Holmark K. Garces from a judgment of the County Court, Suffolk County, rendered September 30, 2024, following a trial. Renewed motion by the appellant pro se for waiver of costs, fees, and expenses and for the assignment of counsel. Application by John Halverson on behalf of the appellant for waiver of costs, fees, and expenses and for the assignment of counsel pursuant to Criminal Procedure Law § 380.55(2).
Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application pursuant to Criminal Procedure Law § 380.55(2) is granted; and it is further,
ORDERED that the motion is denied as unnecessary in light of the application pursuant to Criminal Procedure Law § 380.55(2); and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Laurette D. Mulry Legal Aid Society of Suffolk County 300 Center Drive, PO Box 1697 Riverhead, NY 11901-3398
and it is further,
March 21, 2025
PEOPLE v GARCES, HOLMARK K.
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
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ENTER:
Darrell M. Joseph
Clerk of the Court
Appellant's address:
24-B-4391 Auburn Corr. Fac. P.O. Box 618 Auburn, NY 13021
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-01739, 2025-01744, 2025-01745
The People, etc., respondent, v Victor Kielar, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. Nos. 75774/2024, 73595/2023, SCR 75614/2023)
Appeals by Victor Kielar from three judgments of the Supreme Court, Kings County, all rendered December 19, 2024, upon pleas of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated January 17, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeals:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the pleas of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
M303734
AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 appeals is extended; assigned counsel shall prosecute the appeals expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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 appeals; 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 appeals are taken.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court
PEOPLE v KIELAR, VICTOR
Appellant's address : 25-R-0053 Lakeview Corr. Fac. P.O. Box T Brocton, NY 14716-9798
March 21, 2025
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303768
AFA/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-01879
The People, etc., respondent, v Rondell McGee, appellant.
DECISION & ORDER ON MOTION Motion for Waiver of Costs, Fees, and Expenses and to Assign Counsel
(Ind. No. 71772/2023)
Appeal by Rondell McGee from a judgment of the County Court, Westchester County, rendered December 13, 2024, upon a plea of guilty. Motion by the appellant pro se for waiver of costs, fees, and expenses and for the assignment of counsel. Application by Richard L. Ferrante on behalf of the defendant for waiver of costs, fees, and expenses and for the assignment of counsel pursuant to Criminal Procedure Law § 380.55(2).
Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application pursuant to Criminal Procedure Law § 380.55(2) is granted; and it is further,
ORDERED that the motion is denied as unnecessary in light of the application pursuant to Criminal Procedure Law § 380.55(2); and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
David Rifas 301 Old Tarrytown Road White Plains, NY 10603
and it is further,
March 24, 2025
PEOPLE v McGEE, RONDELL
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
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ENTER:
Darrell M. Joseph
Clerk of the Court
Appellant's address: 24-B-5288 Elmira Corr. Fac. P.O. Box 500 Elmira, NY 14901-0500
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303769
AFA/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-01963
The People, etc., respondent, v Edgar Rivera, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 74626/2023)
Appeal by Edgar Rivera from a judgment of the Supreme Court, Queens County, rendered February 4, 2025, upon a plea of guilty. By order dated February 4, 2025, the Supreme Court, Queens County, granted an application pursuant to Criminal Procedure Law § 380.55(1) for waiver of costs, fees, and expenses.
Now, upon the order dated February 4, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the
Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
ENTER:
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Appellant's Address : 25-R-0456 Ulster Corr. Fac. P.O. Box 800 Napanoch, NY 12458-0800
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-01964
The People, etc., respondent, v George Ashby, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 74202/2024)
Appeal by George Ashby from a judgment of the Supreme Court, Kings County, rendered January 15, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Chris La Tronica, dated January 29, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
M303771
AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
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ENTER:
Darrell M. Joseph Clerk of the Court
Appellant's address : 2836 West 23rd St., Apt. 11J Brooklyn, NY 11224
PEOPLE v ASHBY, GEORGE
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-01966
The People, etc., respondent, v Jaden Davila, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 75843/2023)
Appeal by Jaden Davila from a judgment of the Supreme Court, Kings County, rendered January 10, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated January 31, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Twyla Carter The Legal Aid Society 199 Water Street - 5th Floor New York, NY 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
M303772 AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court
<!-- image -->
Appellant's address :
Please make inquiry to the State Inmate Locator New York State Department of Correctional Services Telephone: (518) 457-0043
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|
## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303773
AFA/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-01968
The People, etc., respondent, v Jerold Werts, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 74217/2024)
Appeal by Jerold Werts from a judgment of the Supreme Court, Kings County, rendered January 9, 2025, following a trial or upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated January 30, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court
<!-- image -->
Appellant's address
:
25-R-0183 Ulster Corr. Fac. P.O. Box 800 Napanoch, NY 12458-0800
March 24, 2025
PEOPLE v WERTS, JEROLD
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303774
AFA/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-01972
The People, etc., respondent, v Aaron McKelvey, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 72524/2024)
Appeal by Aaron McKelvey from a judgment of the Supreme Court, Queens County, rendered January 2, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated February 3, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court
<!-- image -->
Appellant's address : 25-R-0086 Ulster Corr. Fac. P.O. Box 800
Napanoch, NY 12458-0800
March 24, 2025
PEOPLE v McKELVEY, AARON
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303775
AFA/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-01980
The People, etc., respondent, v Tyrese Maxwell, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 70857/2024)
Appeal by Tyrese Maxwell from a judgment of the Supreme Court, Queens County, rendered January 6, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated February 4, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court
<!-- image -->
Appellant's address : 25-R-0100 Bare Hill Corr. Fac. Caller Box 20 Malone, NY 12953-0020
March 24, 2025
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|
## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303776
AFA/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-01988
The People, etc., respondent, v Marco Mosquera, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 1356/2021)
Appeal by Marco Mosquera from a judgment of the Supreme Court, Queens County, rendered January 24, 2025, following a trial. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Jose L. Nieves, dated February 4, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court
<!-- image -->
Appellant's address : 25-B-0395 Elmira Corr. Fac. P.O. Box 500 Elmira, NY 14901-0500
March 24, 2025
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-01999
The People, etc., respondent, v Shawn Goodrich, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(S.C.I. No. 74653/2024)
Appeal by Shawn Goodrich from a judgment of the Supreme Court, Queens County, rendered January 30, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated February 11, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
M303777 AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court
<!-- image -->
Appellant's address :
7029 Kissena Blvd. Flushing, NY 11367
March 24, 2025
| 133 |
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|
## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02006
The People, etc., respondent, v Hector Rios, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 70587/2024)
Appeal by Hector Rios from a judgment of the Supreme Court, Queens County, rendered February 5, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated February 12, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
M303778 AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court
<!-- image -->
Appellant's address : 131-32 135th Place So. Ozone Park, NY 11420
| 134 |
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
2025-02008
The People, etc., respondent, v Brandon Staples, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(S.C.I. No. 74736/2023)
Appeal by Brandon Staples from a judgment of the Supreme Court, Queens County, rendered January 27, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated February 12, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
M303779
AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
<!-- image -->
:
Appellant's address 163-37 130th Ave. Jamaica, NY 11434
PEOPLE v STAPLES, BRANDON
| 135 |
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|
## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02009
The People, etc., respondent, v Abel Arboleda, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 73982/2024)
Appeal by Abel Arboleda from a judgment of the Supreme Court, Queens County, rendered January 27, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated February 12, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
M303780
AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
<!-- image -->
ENTER:
Darrell M. Joseph
Clerk of the Court
Appellant's address : 183-02 Jamaica Ave. Hollis, NY 11423
March 24, 2025
PEOPLE v ARBOLEDA, ABEL
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303781
AFA/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02012
The People, etc., respondent, v Gustavo Diaz, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 72711/2024)
Appeal by Gustavo Diaz from a judgment of the Supreme Court, Queens County, rendered January 15, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated February 10, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court
<!-- image -->
:
Appellant's address 24-R-2330 Franklin Corr. Fac. P.O. Box 10 Malone, NY 12953
March 24, 2025
PEOPLE v DIAZ, GUSTAVO
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303785
AFA/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02063
The People, etc., respondent, v Donovan Hilliard, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 74336/2023)
Appeal by Donovan Hilliard from a judgment of the Supreme Court, Queens County, rendered February 3, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated February 18, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Twyla Carter The Legal Aid Society 199 Water Street - 5th Floor New York, NY 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
<!-- image -->
Appellant's address :
170-14 130th Ave.
Jamaica, NY 11434
| 138 |
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303786
AFA/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02065
The People, etc., respondent, v Salaam Shabaaz, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 74803/2023)
Appeal by Salaam Shabaaz from a judgment of the Supreme Court, Queens County, rendered January 23, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Steven P. Goldenberg, dated February 18, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court
<!-- image -->
Appellant's address : 25-B-0441 Elmira Corr. Fac. P.O. Box 500 Elmira, NY 14901-0500
March 24, 2025
| 139 |
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02071
The People, etc., respondent, v William Dodd, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 71651/2023)
Appeal by William Dodd from a judgment of the Supreme Court, Queens County, rendered January 28, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated February 13, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
M303787
AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
<!-- image -->
Appellant's address : 25-16 41st St., Apt. 3R Astoria, NY 11108
| 140 |
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|
## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02081
The People, etc., respondent, v Joshua Ortiz, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 72216/2024)
Appeal by Joshua Ortiz from a judgment of the Supreme Court, Queens County, rendered January 14, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated February 13, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
M303789 AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
<!-- image -->
ENTER:
Darrell M. Joseph
Clerk of the Court
Appellant's address :
Please make inquiry to the State Inmate Locator New York State Department of Correctional Services Telephone: (518) 457-0043
| 141 |
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|
## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02084
The People, etc., respondent, v Keenan Rhoden, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(S.C. I. No. 74701/2024)
Appeal by Keenan Rhoden from a judgment of the Supreme Court, Queens County, rendered January 10, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated February 10, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
M303791 AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
<!-- image -->
ENTER:
Darrell M. Joseph
Clerk of the Court
Appellant's address :
Please make inquiry to the State Inmate Locator New York State Department of Correctional Services Telephone: (518) 457-0043
| 142 |
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|
## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303792
AFA/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02088
The People, etc., respondent, v Jaspreet Singh, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 71808/2024)
Appeal by Jaspreet Singh from a judgment of the Supreme Court, Queens County, rendered January 28, 2025, upon a plea of guilty. By order dated January 28, 2025, the Supreme Court, Queens County, granted an application pursuant to Criminal Procedure Law § 380.55(1) for waiver of costs, fees, and expenses and for the assignment of counsel.
Now, upon the order dated January 28, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the
Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
<!-- image -->
Appellant's Address : Please make inquiry to the State Inmate Locator New York State Department of Correctional Services Telephone: (518) 457-0043
| 143 |
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02091
The People, etc., respondent, v Akeem Williams, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 73368/2024)
Appeal by Akeem Williams from a judgment of the Supreme Court, Queens County, rendered January 30, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated February 12, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
M303793 AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court
<!-- image -->
Appellant's address : 647 Faile St. Bronx, NY 10474
| 144 |
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303831
AFA/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-01757
The People, etc., respondent, v David Benito, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 75561/2022)
Appeal by David Benito from a judgment of the Supreme Court, Kings County, rendered January 10, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Alexandra Ferlise, dated January 14, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
PEOPLE v BENITO, DAVID
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court
<!-- image -->
Appellant's address :
25-B-0226 Elmira Corr. Fac. P.O. Box 500 Elmira, NY 14901-0500
March 26, 2025
PEOPLE v BENITO, DAVID
| 145 |
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303833
AFA/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-01768
The People, etc., respondent, v Stanley Rosarion, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 70643/2022)
Appeal by Stanley Rosarion from a judgment of the Supreme Court, Kings County, rendered January 9, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated January 30, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Twyla Carter The Legal Aid Society 199 Water Street - 5th Floor New York, NY 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court
<!-- image -->
:
Appellant's address 25-R-0225 Franklin Corr. Fac. P.O. Box 10 Malone, NY 12953
March 26, 2025
PEOPLE v ROSARION, STANLEY
| 146 |
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-01838
The People, etc., respondent, v Christian C. (Anonymous), appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 77053/2023)
Appeal by Christian C. from a judgment of the Supreme Court, Kings County, rendered January 14, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Alexandra Ferlise, dated February 4, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
March 26, 2025
M303841
AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
<!-- image -->
ENTER:
Darrell M. Joseph
Clerk of the Court
| 147 |
M303855_pdf.md
|
## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2024-08190
The People, etc., respondent, v Errol Everett, appellant.
DECISION & ORDER ON MOTION Motion for Waiver of Costs, Fees, and Expenses and to Assign Counsel
(Ind. No. 75855/2022)
Appeal by Errol Everett from a judgment of the Supreme Court, Kings County, rendered August 9, 2024, upon a plea of guilty. Motion by the appellant pro se for waiver of costs, fees, and expenses and for the assignment of counsel. Application by Jonathan Strauss on behalf of the defendant for waiver of costs, fees, and expenses and for the assignment of counsel pursuant to Criminal Procedure Law § 380.55(2).
Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application pursuant to Criminal Procedure Law § 380.55(2) is granted; and it is further,
ORDERED that the motion is denied as unnecessary in light of the application pursuant to Criminal Procedure Law § 380.55(2); and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Twyla Carter The Legal Aid Society 199 Water Street - 5th Floor New York, NY 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified
March 26, 2025
M303855
ID/
transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
<!-- image -->
Appellant's address: 24-R-2168 Franklin Correctional Facility 62 Bare Hill Road, P.O. Box 10 Malone, NY 12953-0010
| 148 |
M303856_pdf.md
|
## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303856
AFA/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02193
The People, etc., respondent, v M. W., appellant.
DECISION & ORDER ON MOTION
(Ind. No. 2927/2011)
Appeal by M. W. from an order of the Supreme Court, Queens County, dated February 4, 2025, issued pursuant to CPL 440.47. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Madeline Porta, dated February 10, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of any hearing held in connection with the order dated February 4,
March 26, 2025
2025, if any, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further
ORDERED that the appellant's time to perfect the appeal is extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules ( see 22 NYCRR 1250.9) 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 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 order upon the Clerk of the court from which the appeal is taken.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
<!-- image -->
Appellant's Address :
Please make inquiry to the State Inmate Locator New York State Department of Correctional Services Telephone: (518) 457-0043
| 149 |
M303868_pdf.md
|
## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02275
The People, etc., respondent, v Dereck McClain, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 71820/2024)
Appeal by Dereck McClain from a judgment of the Supreme Court, Queens County, rendered February 5, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated February 19, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
M303868 AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
<!-- image -->
ENTER:
Darrell M. Joseph
Clerk of the Court
Appellant's address :
Please make inquiry to the State Inmate Locator New York State Department of Correctional Services Telephone: (518) 457-0043
March 26, 2025
| 150 |
M303870_pdf.md
|
## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02326
The People, etc., respondent, v Michael D. Hudson, appellant.
DECISION & ORDER ON MOTION Motion for Waiver of Costs, Fees, and Expenses and to Assign Counsel
(Ind. No. 71479/2023)
Appeal by Michael D. Hudson from a judgment of the County Court, Suffolk County, rendered January 15, 2025, upon a plea of guilty. Motion by the appellant pro se for waiver of costs, fees, and expenses and for the assignment of counsel. Application by Christopher J. Cassar on behalf of the defendant for waiver of costs, fees, and expenses and for the assignment of counsel pursuant to Criminal Procedure Law § 380.55(2).
Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application pursuant to Criminal Procedure Law § 380.55(2) is granted; and it is further,
ORDERED that the motion is denied as unnecessary in light of the application pursuant to Criminal Procedure Law § 380.55(2); and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Laurette D. Mulry Legal Aid Society of Suffolk County 300 Center Drive, PO Box 1697 Riverhead, NY 11901-3398
and it is further,
March 26, 2025
PEOPLE v HUDSON, MICHAEL D.
M303870 ID/
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
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Appellant's address: 25-R-0256 Ulster Correctional Facility 750 Berme Road, P.O. Box 800 Napanoch, NY 12458-0800
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303871 ID/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02324
The People, etc., respondent, v Michael D. Hudson, appellant.
DECISION & ORDER ON MOTION Motion for Waiver of Costs, Fees, and Expenses and to Assign Counsel
(Ind. No. 71191/2024)
Appeal by Michael D. Hudson from a judgment of the County Court, Suffolk County, rendered January 15, 2025, upon a plea of guilty. Motion by the appellant pro se for waiver of costs, fees, and expenses and for the assignment of counsel. Application by Christopher J. Cassar on behalf of the defendant for waiver of costs, fees, and expenses and for the assignment of counsel pursuant to Criminal Procedure Law § 380.55(2).
Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application pursuant to Criminal Procedure Law § 380.55(2) is granted; and it is further,
ORDERED that the motion is denied as unnecessary in light of the application pursuant to Criminal Procedure Law § 380.55(2); and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Laurette D. Mulry Legal Aid Society of Suffolk County 300 Center Drive, PO Box 1697 Riverhead, NY 11901-3398
and it is further,
March 26, 2025
PEOPLE v HUDSON, MICHAEL D.
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
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Appellant's address: 25-R-0256 Ulster Correctional Facility 750 Berme Road, P.O. Box 800 Napanoch, NY 12458-0800
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303872
ID/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02319
The People, etc., respondent, v Dominick J. Posillipo, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 60046/2024)
Appeal by Dominick J. Posillipo from a judgment of the County Court, Rockland County, rendered February 5, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Samuel Coe, dated February 19, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
James D. Licata Office of the Public Defender 11 New Hempstead Road New City, NY 10956-3664
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
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Appellant's address: 26 Tavarone Street Garnerville, NY 10923
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303895
ID/
LARA J. GENOVESI, J.P. ROBERT J. MILLER DEBORAH A. DOWLING JAMES P. MCCORMACK, JJ.
2024-04133
The People, etc., respondent, v Luis A. Urgiles, appellant.
DECISION & ORDER ON MOTION
(Ind. No. 70980/2023)
Appeal from a judgment of the County Court, Westchester County, rendered April 23, 2024. Motion by assigned counsel to be relieved of the assignment to prosecute the appeal and for the assignment of new counsel. The appellant was granted waiver of costs, fees, and expenses and was assigned counsel on August 23, 2024, pursuant to Criminal Procedure Law § 380.55(2), and the following named attorney was assigned as counsel to prosecute the appeal:
Clare J. Degnan Legal Aid Society of Westchester County 150 Grand Street, Suite 100 White Plains, NY 10601
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 the former assigned counsel is directed to turn over 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:
Andrew M. Spatz 1129 Northern Blvd., Ste. 404 Manhasset, NY 11030
and it is further,
March 28, 2025
PEOPLE v URGILES, LUIS A.
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 to provide additional copies to this Court upon demand; and it is further,
ORDERED that the appellant's time to perfect the appeal is extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) and written directions; and it is further,
ORDERED that assigned counsel shall serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.
GENOVESI, J.P., MILLER, DOWLING and MCCORMACK, JJ., concur.
ENTER:
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303902 ID/
LARA J. GENOVESI, J.P. ROBERT J. MILLER DEBORAH A. DOWLING JAMES P. MCCORMACK, JJ.
2023-05531
The People, etc., respondent, v Yonathan RamirezArgueta, appellant.
DECISION & ORDER ON MOTION
(Ind. No. 71679/2022)
Appeal from a judgment of the County Court, Suffolk County, rendered March 22, 2023. Motion by assigned counsel to be relieved of the assignment to prosecute the appeal and for the assignment of new counsel. The appellant was granted waiver of costs, fees, and expenses and was assigned counsel on July 12, 2023, pursuant to Criminal Procedure Law § 380.55(2), and the following named attorney was assigned as counsel to prosecute the appeal:
Laurette D. Mulry Legal Aid Society of Suffolk County 300 Center Drive, PO Box 1697 Riverhead, NY 11901-3398
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 the former assigned counsel is directed to turn over 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:
Sabato Caponi 80 Orville Drive, Ste. 100 Bohemia, NY 11716
and it is further,
March 28, 2025
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 to provide additional copies to this Court upon demand; and it is further,
ORDERED that the appellant's time to perfect the appeal is extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) and written directions; and it is further,
ORDERED that assigned counsel shall serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.
GENOVESI, J.P., MILLER, DOWLING and MCCORMACK, JJ., concur.
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ENTER:
Darrell M. Joseph Clerk of the Court
Appellant's Address : 23-B-1494 Five Points Corr. Fac. Caller Box 119 Romulus, NY 14541
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02281
The People, etc., respondent, v Ebony Hollenquest, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(S.C.I. No. 70341/2025)
Appeal by Ebony Hollenquest from a judgment of the Supreme Court, Queens County, rendered January 31, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated February 13, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
March 28, 2025
M303904 AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
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Darrell M. Joseph Clerk of the Court
Appellant's address :
Please make inquiry to the State Inmate Locator New York State Department of Correctional Services Telephone: (518) 457-0043
March 28, 2025
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02294
The People, etc., respondent, v Lloyd McLean, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 70598/2023)
Appeal by Lloyd McLean from a judgment of the Supreme Court, Queens County, rendered February 4, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated February 21, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
M303905
AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
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Appellant's address : 111-38 203rd St. St. Albans, NY 11432
March 28, 2025
PEOPLE v McLEAN, LLOYD
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303907
ID/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02297
The People, etc., respondent, v Thomas King, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(S.C.I. No. 74599/2024)
Appeal by Thomas King from a judgment of the Supreme Court, Queens County, rendered February 5, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated February 21, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Twyla Carter The Legal Aid Society 199 Water Street - 5th Floor New York, NY 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
PEOPLE v KING, THOMAS
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
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Appellant's address: 24-R-2998
Mid-State Correctional Facility 9005 Old River Road, PO Box 216 Marcy, NY 13403-0216
March 28, 2025
PEOPLE v KING, THOMAS
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02296
The People, etc., respondent, v Phillip Foreman, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 82/20201)
Appeal by Phillip Foreman from a judgment of the Supreme Court, Queens County, rendered February 7, 2025, following a trial. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated February 13, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
PEOPLE v FOREMAN, PHILLIP
M303908
AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
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ENTER:
Darrell M. Joseph Clerk of the Court
Appellant's address : 3105 Bowling Green Drive Virgina Beach, VA 23452
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02384
The People, etc., respondent, v Tranqilino Huales-Diaz, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 72831/2024)
Appeal by Tranqilino Huales-Diaz from a judgment of the Supreme Court, Queens County, rendered January 27, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated February 26, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
M303909
AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
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ENTER:
Darrell M. Joseph Clerk of the Court
:
Appellant's address 148-06 90th Ave. Jamaica, NY 11435
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303910
ID/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2024-12281
The People, etc., respondent, v Tyrese White, appellant.
DECISION & ORDER ON MOTION Motion for Waiver of Costs, Fees, and Expenses and to Assign Counsel
(Ind. No. 70081/2023)
Appeal by Tyrese White from a judgment of the County Court, Westchester County, rendered November 7, 2024, upon a plea of guilty. Motion by the appellant pro se for waiver of costs, fees, and expenses and for the assignment of counsel. Application by Anthony Mattesi on behalf of the defendant for waiver of costs, fees, and expenses and for the assignment of counsel pursuant to Criminal Procedure Law § 380.55(2).
Upon the papers filed in support of the motion and the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application pursuant to Criminal Procedure Law § 380.55(2) is granted; and it is further,
ORDERED that the motion is denied as unnecessary in light of the application pursuant to Criminal Procedure Law § 380.55(2); and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Gerald Zuckerman PO Box 392 Croton-On-Hudson, NY 10520
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital
PEOPLE v WHITE, TYRESE
copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
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Appellant's address: 22-B-2779 Five Points Correctional Fac. 6600 State Route 96, Caller Box 119 Romulus, NY 14541
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303911
AFA/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02381
The People, etc., respondent, v Amadou Bah, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 74336/2023)
Appeal by Amadou Bah from a judgment of the Supreme Court, Queens County, rendered February 3, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Vivian R. Cedeno, dated February 26, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
PEOPLE v BAH, AMADOU
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
<!-- image -->
Appellant's address : 164-30 Hillside Avenue Jamaica, NY 11432
PEOPLE v BAH, AMADOU
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02378
The People, etc., respondent, v Josiah Perez, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 72150/2022)
Appeal by Josiah Perez from a judgment of the Supreme Court, Queens County, rendered February 18, 2025, following a trial. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Garnett H. Sullivan, dated February 19, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
M303912
AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
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Appellant's address :
Please make inquiry to the State Inmate Locator New York State Department of Correctional Services Telephone: (518) 457-0043
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303914
AFA/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02372
The People, etc., respondent, v Stephen Escoffery, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 71453/2023)
Appeal by Stephen Escoffery from a judgment of the County Court, Westchester County, rendered January 10, 2025, following a trial. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Salvatore A. Gaetani, dated February 5, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Clare J. Degnan Legal Aid Society of Westchester County 150 Grand Street, Suite 100 White Plains, NY 10601
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
PEOPLE v ESCOFFERY, STEPHEN
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court
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Appellant's address : 25-B-0273 Elmira Corr. Fac. P.O. Box 500 Elmira, NY 14901-0500
March 28, 2025
PEOPLE v ESCOFFERY, STEPHEN
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303929
AFA/
VALERIE BRATHWAITE NELSON, J.P. PAUL WOOTEN BARRY E. WARHIT LOURDES M. VENTURA, JJ.
2022-03864
The People, etc., respondent, v Scott Thompson, appellant.
(Ind. No. 1944/2019)
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated March 24, 2025, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Appeal from a judgment of the Supreme Court, Queens County, rendered April 27, 2022. Motion by the appellant to be furnished with the transcripts of certain proceedings, in effect, to enlarge the judgment roll to include the transcripts of those proceedings, and to extend the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to be furnished with the transcripts of certain proceedings is granted; and it is further,
ORDERED that the decision and order on motion of this Court dated May 27, 2022, which granted waiver of costs, fees, and expenses to the appellant, is amended to include a direction to the court reporter to make, certify and file two transcripts of the stenographic minutes of the proceedings which occurred in the Supreme Court, Queens County, under Queens County, Criminal Court Docket No. CR-006771-2019QN on March 1, 2019, March 15, 2019, July 1, 2019, September 25, 2019, October 9, 2019 (APAR3), and October 9, 2019 (AP6), and under Queens County, Indictment No. 1944/2019 on October 22, 2019, October 29, 2019, February 6, 2020, February 27, 2020, March 16, 2020 (TAP-A), March 16, 2020 (K-7), April 29, 2020, June 4, 2020, July 10, 2020,
DECISION & ORDER ON MOTION
July 30, 2020, August 6, 2020, September 9, 2020, October 2, 2020, November 18, 2020, March 24, 2021, May 3, 2021, and August 16, 2021, in the above-entitled matter, if available; and it is further,
ORDERED that the stenographer of the trial court is directed to certify and file two copies of such transcripts within 45 days of the date of this decision and order on motion and the clerk of the trial court shall furnish one certified transcript of the subject proceedings to the appellant's counsel, Patricia Pazner, Appellate Advocates, 111 John Street - 9th Floor, New York, New York 10038, without charge ( see CPL 460.70); assigned counsel is directed to turn over the transcript to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of such transcript for a codefendant, then the clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; and it is further,
ORDERED that the branch of the motion which is to, in effect, enlarge the judgment roll is denied as unnecessary as the transcripts are properly part of the judgment roll; and it is further,
ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, the appellant's time to perfect the appeal is extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
BRATHWAITE NELSON, J.P., WOOTEN, WARHIT and VENTURA, JJ., concur.
ENTER:
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02369
The People, etc., respondent, v Nicholas A. Corrow, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 71286/2024)
Appeal by Nicholas A. Corrow from a judgment of the County Court, Nassau County, rendered February 19, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Kevin E. Morgan, dated February 20, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Paul Skip Laisure 1225 Franklin Avenue, Ste. 325 Garden City, NY 11530
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
M303956 AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
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Appellant's address : Nassau County Jail 100 Carmen Avenue East Meadow, NY 11554 March 31, 2025
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303957
AFA/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02027
The People, etc., respondent, v Shamar Wiltshire, appellant.
DECISION & ORDER ON MOTION Motion for Waiver of Costs, Fees, and Expenses and to Assign Counsel
(Ind. No. 70810/2023)
Appeal by Shamar Wiltshire from a judgment of the Supreme Court, Kings County, rendered February 5, 2025, following a trial. Motion by the appellant pro se for waiver of costs, fees, and expenses and for the assignment of counsel. Application by Robert Reuland on behalf of the defendant for waiver of costs, fees, and expenses and for the assignment of counsel pursuant to Criminal Procedure Law § 380.55(2).
Upon the papers filed in support of the motion and the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application pursuant to Criminal Procedure Law § 380.55(2) is granted; and it is further,
ORDERED that the motion is denied as unnecessary in light of the application pursuant to Criminal Procedure Law § 380.55(2); and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified
March 31, 2025
transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
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ENTER:
Darrell M. Joseph
Clerk of the Court
Appellant's address: 25-B-0574 Green Haven Corr. Fac. 594 Route 216 Stormville, NY 12582-0010
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303958
ID/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02423
The People, etc., respondent, v Brian Spann, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 73874/2024)
Appeal by Brian Spann from a judgment of the Supreme Court, Queens County, rendered January 28, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated February 27, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
PEOPLE v SPANN, BRIAN
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
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ENTER:
Darrell M. Joseph
Clerk of the Court
Appellant's address:
110-03 160th Street Jamaica, NY 11433
PEOPLE v SPANN, BRIAN
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303974
ID/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02428
The People, etc., respondent, v Maximiliano Loor, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 72910/2024)
Appeal by Maximiliano Loor from a judgment of the Supreme Court, Queens County, rendered January 28, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated February 27, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
PEOPLE v LOOR, MAXIMILIANO
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
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Appellant's address:
Please make inquiry to the State Inmate Locator New York State Department of Correctional Services Telephone: (518) 457-0043
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303977
ID/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02626
The People, etc., respondent, v Tikkri Civil, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 77499/2023)
Appeal by Tikkri Civil from a judgment of the Supreme Court, Kings County, rendered January 29, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Alexandra Ferlise, dated February 4, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Twyla Carter The Legal Aid Society 199 Water Street - 5th Floor New York, NY 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
PEOPLE v CIVIL, TIKKRI
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court
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Appellant's address: 25-R-0413 Ulster Correctional Facility 750 Berme Road POB 800 Napanoch, NY 12458-0800
PEOPLE v CIVIL, TIKKRI
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303978
ID/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02630
The People, etc., respondent, v Vyacheslav Margulis, appellant.
DECISION & ORDER ON MOTION
(Ind. No. 76337/2023)
Appeal by Vyacheslav Margulis from a judgment of the Supreme Court, Kings County, rendered January 9, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated February 4, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
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Appellant's address: 147-07 75th Avenue Kew Gardens, N.Y. 11375
PEOPLE v MARGULIS, VYACHESLAV
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303979
ID/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02631
The People, etc., respondent, v Marcus Lewis, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 75619/2023)
Appeal by Marcus Lewis from a judgment of the Supreme Court, Kings County, rendered January 17, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated February 4, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court
<!-- image -->
Appellant's address:
Please make inquiry to the State Inmate Locator New York State Department of Correctional Services Telephone: (518) 457-0043
| 172 |
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|
## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M303985 ID/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-01230
The People, etc., respondent, v Kadeem A. Lewis, appellant.
(Ind. No. 70324/2020)
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated March 3, 2025, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Appeal by Kadeem A. Lewis from a judgment of the Supreme Court, Nassau County, rendered January 23, 2025, following a trial. By order dated January 28, 2025, the Supreme Court, Nassau County, granted an application pursuant to Criminal Procedure Law § 380.55(1) for poor person relief.
Now, upon the order dated January 28, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Paul Skip Laisure 1225 Franklin Avenue, Ste. 325 Garden City, NY 11530
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant
DECISION & ORDER ON MOTION
and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
<!-- image -->
Appellant's Address :
Nassau County Corr. Fac 100 Carman Avenue East Meadow, NY 11554
| 173 |
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2024-10343
The People, etc., respondent, v Wayne Battles, appellant.
DECISION & ORDER ON MOTION Motion for Waiver of Costs, Fees, and Expenses and to Assign Counsel
(Ind. No. 70478/2021, D.A. No. 148/21)
Appeal by Wayne Battles from a judgment of the County Court, Orange County, rendered October 1, 2024, upon a plea of guilty. Motion by the appellant pro se for waiver of costs, fees, and expenses and for the assignment of counsel. Application by Alan L. Joseph on behalf of the defendant for waiver of costs, fees, and expenses and for the assignment of counsel pursuant to Criminal Procedure Law § 380.55(2).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application pursuant to Criminal Procedure Law § 380.55(2) is granted; and it is further,
ORDERED that the motion is denied as unnecessary in light of the application pursuant to Criminal Procedure Law § 380.55(2); and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Kenyon C. Trachte 1662 Route 300, Mailbox #12 Newburgh, NY 12550
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital
M304011
ID/
copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
<!-- image -->
Appellant's address: 24-B-4383 Adirondack C.F. P.O. Box 110 Ray Brook, NY 12977-0110
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02721
The People, etc., respondent, v Tyrese L. Coghiel, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 71140/2023)
Appeal by Tyrese L. Coghiel from a judgment of the County Court, Westchester County, rendered February 20, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Jean-Robert B. Auguste, dated March 11, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Victor Schurr 188 East Post Road, Ste. 300 White Plains, NY 10601
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
M304012
AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
<!-- image -->
ENTER:
Darrell M. Joseph Clerk of the Court
<!-- image -->
Appellant's address :
Westchester County Jail P.O. Box 10 Valhalla, NY 10595
| 175 |
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M304013 ID/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02545, 2025-02877
The People, etc., respondent, v Javona M. Littles, appellant.
(Ind. Nos. 70100/2023, 70927/2023)
DECISION & ORDER ON MOTION Assignment of Counsel
Appeals by Javona M. Littles from two judgments of the County Court, Orange County, both rendered February 7, 2025, upon pleas of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Christopher J. Cardinale, dated February 24, 2024, it is
ORDERED that on the Court's own motion, the appeals are consolidated; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeals:
Samuel Coe 50 Main St., Suite 1000 White Plains, NY 10606
and it is further,
ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeals to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the pleas of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 appeals is extended; assigned counsel shall prosecute the appeals expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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 appeals; 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 appeals are taken.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Darrell M. Joseph Clerk of the Court
<!-- image -->
Appellant's address: 25-G-0095 Bedford Hills Correctional Facility 247 Harris Road Bedford Hills, NY 10507-2400
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02722
The People, etc., respondent, v Robert T. Lynch, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 73882/2022)
Appeal by Robert T. Lynch from a judgment of the County Court, Suffolk County, rendered January 7, 2025, following a trial. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Ian T. Fitzgerald, dated January 8, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Laurette D. Mulry Legal Aid Society of Suffolk County 300 Center Drive, PO Box 1697 Riverhead, NY 11901-3398
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
M304014
AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court
<!-- image -->
Appellant's address : 25-B-0193 Elmira Corr. Fac. P.O. Box 500 Elmira, NY 14901-0500
April 2, 2025
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02742
The People, etc., respondent, v Joseph Kess, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 71681/2023)
Appeal by Joseph Kess from a judgment of the Supreme Court, Suffolk County, rendered February 25, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Ian T. Fitzgerald, dated March 5, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Laurette D. Mulry Legal Aid Society of Suffolk County 300 Center Drive, PO Box 1697 Riverhead, NY 11901-3398
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
PEOPLE v KESS, JOSEPH
M304015
AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
<!-- image -->
Appellant's address : P.O. Box 129 Aquebogue, NY 11931
PEOPLE v KESS, JOSEPH
| 178 |
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02744
The People, etc., respondent, v Joshua Lembert, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 74817/2023)
Appeal by Joshua Lembert from a judgment of the Supreme Court, Queens County, rendered February 28, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Anne J. D'Elia, dated March 6, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
M304016
AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
<!-- image -->
ENTER:
Darrell M. Joseph
Clerk of the Court
Appellant's address :
Please make inquiry to the State Inmate Locator New York State Department of Correctional Services Telephone: (518) 457-0043
| 179 |
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|
## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M304017
ID/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02649
The People, etc., respondent, v Isaac Mercado, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(S.C.R. No. 75380/2024)
Appeal by Isaac Mercado from a judgment of the Supreme Court, Kings County, rendered January 14, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated February 6, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
<!-- image -->
Appellant's address:
Please make inquiry to the State Inmate Locator New York State Department of Correctional Services Telephone: (518) 457-0043
| 180 |
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M304018
AFA/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02770, 2025-02778
The People, etc., respondent, v Joseph D. Daniels, appellant.
(S.C.I. Nos. 70041/2025, 70057/2025)
DECISION & ORDER ON MOTION Assignment of Counsel
Appeals by Joseph D. Daniels from two judgments of the Supreme Court, Queens County, both rendered February 10, 2025, upon pleas of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated March 6, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeals:
Twyla Carter The Legal Aid Society 199 Water Street - 5th Floor New York, NY 10038
and it is further,
ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the pleas of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 appeals is extended; assigned counsel shall prosecute the appeals expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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 appeals; 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 appeals are taken.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
<!-- image -->
Appellant's address
:
Please make inquiry to the State Inmate Locator New York State Department of Correctional Services Telephone: (518) 457-0043
| 181 |
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M304019
ID/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02651
The People, etc., respondent, v Joshua Lembert, appellant.
DECISION & ORDER ON MOTION
(Ind. No. 73989/2024)
Appeal by Joshua Lembert from a judgment of the Supreme Court, Queens County, rendered February 25, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Anne J. D'Elia, dated February 25, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
<!-- image -->
Appellant's address :
Please make inquiry to the State Inmate Locator New York State Department of Correctional Services Telephone: (518) 457-0043
| 182 |
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|
## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M304020
ID/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02653
The People, etc., respondent, v Jaheim Hall, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 73850/2024)
Appeal by Jaheim Hall from a judgment of the Supreme Court, Queens County, rendered February 26, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Kevin P. O'Donnell, dated March 1, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
<!-- image -->
Appellant's address:
Please make inquiry to the State Inmate Locator New York State Department of Correctional Services Telephone: (518) 457-0043
PEOPLE v HALL, JAHEIM
| 183 |
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|
## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M304041
ID/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02657
The People, etc., respondent, v Paul Kingsley, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 73790/2022)
Appeal by Paul Kingsley from a judgment of the Supreme Court, Queens County, rendered March 4, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Russell Rothberg, dated February 28, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
<!-- image -->
Appellant's address:
Please make inquiry to the State Inmate Locator New York State Department of Correctional Services Telephone: (518) 457-0043
| 184 |
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|
## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M304058
AFA/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02782
The People, etc., respondent, v Carnell Stevenson, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(S.C.I. No. 72733/2024)
Appeal by Carnell Stevenson from a judgment of the Supreme Court, Queens County, rendered February 3, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated March 5, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
<!-- image -->
Appellant's address : 419 East 93rd St. New York, NY 10128
| 185 |
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|
## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02785
The People, etc., respondent, v Roxroy C. (Anonymous), appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 71484/2024)
Appeal by Roxroy C. from a judgment of the Supreme Court, Queens County, rendered February 5, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated March 5, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
M304059
AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
<!-- image -->
Appellant's address :
Please make inquiry to the State Inmate Locator New York State Department of Correctional Services Telephone: (518) 457-0043
| 186 |
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|
## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02789
The People, etc., respondent, v Ziggy H. (Anonymous), appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(S.C.I. No. 71725/2023)
Appeal by Ziggy H. from a judgment of the Supreme Court, Queens County, rendered February 3, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated March 5, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
M304060 AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
<!-- image -->
ENTER:
Darrell M. Joseph
Clerk of the Court
Appellant's address :
Please make inquiry to the State Inmate Locator New York State Department of Correctional Services Telephone: (518) 457-0043
| 187 |
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02793
The People, etc., respondent, v Howard Barrett, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(S.C.I. No. 74535/2023)
Appeal by Howard Barrett from a judgment of the Supreme Court, Queens County, rendered February 4, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated March 6, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Twyla Carter The Legal Aid Society 199 Water Street - 5th Floor New York, NY 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
M304063 AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court
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Appellant's address : 221-22 Murdock Avenue Queens Village, NY 11429
PEOPLE v BARRETT, HOWARD
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## Supreme Court of the State of New York
## Appellate Division: Second Judicial Department
M304085 AFA/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02798, 2025-02816
The People, etc., respondent, v Brent A. Latham, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(S.C.I. Nos. 70823/2024, 172S/2024, 70414/2024, 83S/2024)
Appeals by Brent A. Latham from two judgments of the County Court, Dutchess County, both rendered January 10, 2025, upon pleas of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Steven Levine, dated February 10, 2025, it is
ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date; and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeals:
Steven A. Feldman 1129 Northern Blvd., Ste. 404 Manhasset, NY 11030
and it is further,
ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]);
additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the pleas of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 appeals is extended; assigned counsel shall prosecute the appeals expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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 appeals; 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 appeals are taken.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
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Appellant's address : 25-R-0378 Ulster Corr. Fac. P.O. Box 800 Napanoch, NY 12458-0800
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
M304086 ID/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02856
The People, etc., respondent, v Curtis Williams, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 70567/2022)
Appeal by Curtis Williams from a judgment of the County Court, Nassau County, rendered March 6, 2025, following a trial. By order dated February 11, 2025, the County Court, Nassau County, granted an application pursuant to Criminal Procedure Law § 380.55(1) for waiver of costs, fees and expenses.
Now, upon the order dated February 11, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Marianne Karas 980 Broadway, Suite 324 Thornwood, NY 10594
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously
transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Darrell M. Joseph Clerk of the Court
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Appellant's Address :
Nassau County Jail 100 Carman Avenue East Meadow, NY 11554
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## Supreme Court of the State of New York
## Appellate Division: Second Judicial Department
M304087
AFA/
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02812
The People, etc., respondent, v Derrick K. Woodhouse, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. Nos. 70158/2023, 15/2023)
Appeal by Derrick K. Woodhouse from a judgment of the County Court, Dutchess County, rendered January 7, 2025, following a trial. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Steven Levine, dated March 7, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Gary E. Eisenberg 10 Esquire Road, Ste. 10 New City, NY 10956
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court
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Appellant's address : 25-B-0401 Elmira Corr. Fac. P.O. Box 500 Elmira, NY 14901-0500
April 4, 2025
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02817
The People, etc., respondent, v Sherry Christian, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. No. 70261/2024)
Appeal by Sherry Christian from a judgment of the Supreme Court, Richmond County, rendered January 15, 2025, upon a plea of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Lisa A. Packard, dated February 10, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
M304089
AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
ENTER:
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Appellant's address : 506 Richmond Terrace, #3R Staten Island, NY 10301
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-03029, 2025-03031
The People, etc., respondent, v Jahrik Fulmore, appellant.
DECISION & ORDER ON MOTION Assignment of Counsel
(Ind. Nos. 72853/2024, 73300/2024)
Appeals by Jahrik Fulmore from two judgments of the Supreme Court, Kings County, both rendered February 6, 2025, upon pleas of guilty. Pursuant to Criminal Procedure Law § 380.55(2) and upon the affirmation of Alexandra Ferlise, dated February 11, 2025, it is
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeals:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
ORDERED that the appeals will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the pleas of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
M304152 AFA/
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 appeals is extended; assigned counsel shall prosecute the appeals expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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 appeals; 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 appeals are taken.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
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ENTER:
Darrell M. Joseph
Clerk of the Court
Appellant's address :
Please make inquiry to the State Inmate Locator New York State Department of Correctional Services Telephone: (518) 457-0043
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## Supreme Court of the State of New York Appellate Division: Second Judicial Department
HECTOR D. LASALLE, P.J. MARK C. DILLON COLLEEN D. DUFFY BETSY BARROS FRANCESCA E. CONNOLLY, JJ.
2025-02086
The People, etc., appellant-respondent, v Rauwshan Johnson, respondent-appellant.
DECISION & ORDER ON MOTION Motion for Waiver of Costs, Fees, and Expenses and to Assign Counsel
(Ind. No. 73677/2022)
Appeal by the People and cross-appeal by Rauwshan Johnson from a judgment of the Supreme Court, Queens County, rendered January 21, 2025, following a trial. Motion by the respondent-appellant pro se for waiver of costs, fees, and expenses and for the assignment of counsel. Application by Sally J. M. Butler on behalf of the defendant for waiver of costs, fees, and expenses and for the assignment of counsel pursuant to Criminal Procedure Law § 380.55(2).
Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the application pursuant to Criminal Procedure Law § 380.55(2) is granted; and it is further,
ORDERED that the motion is denied as unnecessary in light of the application pursuant to Criminal Procedure Law § 380.55(2); and it is further,
ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the cross-appeal:
Patricia Pazner Appellate Advocates 111 John Street - 9th Floor New York, New York 10038
and it is further,
M304172
AFA/
ORDERED that the cross-appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the appellant and the respondent are directed to upload, through the digital portal on this Court's website, digital copies of their respective briefs, with proof of service of one hard copy on each other, or, if the appellant is self-represented and unable to upload a digital copy, to file one original copy with the Clerk of this Court, with proof of service of one hard copy on the respondent (22 NYCRR 670.9[a]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,
ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any pretrial hearings, of the plea of guilty or of the trial, and of the imposition of sentence in this action, except for those minutes previously transcribed and certified ( see 22 NYCRR 671.9); and it is further,
ORDERED that in the event that the case was tried to a conclusion before a jury, the stenographer shall also make, certify, and file two transcripts of the minutes of proceedings during jury selection; and it is further,
ORDERED that the Clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth above to the appellant's counsel, without charge ( see CPL 460.70); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; and it is further,
ORDERED that in the event the stenographer has already prepared a copy of any of the minutes for a codefendant, then the Clerk of the trial court is directed to reproduce a copy thereof for assigned counsel; 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 to provide additional copies to this Court upon demand; 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 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 cross-appeal is extended; assigned counsel shall prosecute the cross-appeal expeditiously in accordance with this Court's rules ( see 22 NYCRR 1250.9) 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 cross-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 and cross-appeal are taken.
LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.
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ENTER:
Darrell M. Joseph
Clerk of the Court
Appellant's address: 25-B-0354 Elmira Corr. Fac. P.O. Box 500 Elmira, NY 14901-0500
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final_transcription.md
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Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you Thank you Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you Thank you. Thank you. Thank you please be seated.
Good morning. Before we begin today's calendar, we have four candidates will be sworn in this morning is attorneys and counselors at law. Together with their families and friends who are either here in person or watching the live stream, they're all here together to celebrate this great achievement. Let's have the candidates introduce themselves so that your family and friends watching can hear your voice and see that you're here in court. Why don't we, somebody start. Stand please. Yes, yes, yes.
I'm Rosie Vaughn.
That's good? That's it. All right.
Hello, I'm Lina Raston.
Very good. Welcome.
I'm Gabrielle Lindsey.
Hey, shot art. Welcome. Ms. Vaughn's a member of our court family. She is a member of the two-year program, and we are very happy to see her being admitted today. And Dylan Flynn, the clerk of the court, who administered the oath. Miss Dylan Flynn have these candidates been certified to the court for admission by the appropriate committee on character and fitness as Possessing the character and fitness required by an attorney and counselor at law Please administer the oath the Constitution of the State of New York. And that I will faithfully discharge the duties of an attorney and counselor at law according to the best of my ability.
Congratulations. Oh no no, hold on, hold on, hold on. I'll let you know when you can go.
Congratulations. A career in the law is very often driven by the desire to be in a position to help people. People who will come to see you are very often in desperate times in their lives. Very often they'll feel like there's no one else to turn to. And you, as attorneys and counselors at law, will be the person they turn to. It is an extraordinary gift to be able to help people in such a way, to play such an important role in the lives of clients. I wish you all great success and am confident that the years ahead will be filled with great accomplishment and satisfaction. Congratulations, you can now leave.
Thank you.
Look what happened to the court. Right? Yes. Exactly. I'll give you a minute.
So the first case out for argument today is people versus anwar
good morning your honors may please the court council james ostrowski proceed
um playing off of your prior remarks so lawyers are here to help people and um I've been involved in this case a long time, and I hope I do justice to my client's cause today.
Mr. Oshesky, I'm sure you're going to. Let me suggest something, though. You've listed a lot of arguments for us to chew on, and you can trust that we've read through the papers before us on this case. I, for one, would love to hear you address your claim of ineffective assistance of counsel as it relates to the failure to have an interpreter present at trial. Would you begin with that point?
Yes, Your Honor. And I think that we've got the Strickland test and the Baldy test, and this court knows them both better than I do. But I think that the Baldy test is a little bit more favorable to the defendant because it talks about a meaningful representation, which I really think at the end of the day means fair. leave aside the proof and I don't concede that this was a overwhelming case at all quite the opposite but even if it was overwhelming the gentleman deserves a right to from their first police interrogation to all through the trial to understand what's going on and to be able to communicate to the best of his ability and I know it's in the brief Your Honor but forgive me uh one of the quotes from my from uh mr anwar i actually don't know like how i say it in english but like i don't know how to say it in english i'm sorry i won't belabor the court with there's numerous citations to that effect and really worse and the problem with a client who can't really articulate. I tell my clients, answer directly. Answer as quickly as you can, because if you hesitate, it looks like you're lying. There's just no way to tell the difference. So he's got all these hesitations, and the jury has to be wondering, well, is he hesitating because he's lying? The jury isn't informed by anybody, by the court, that he needs a translator. So it affected every aspect of the trial. The interrogation itself, and I know counsel mysteriously withdrew that suppression motion. If you look at that, it's hard to watch. He's in a cold room. He's hemmed in by two large officers. He's struggling with the Miranda warning. So right at the, do you question, do you, how well do you read English? Well, not that great. I'm paraphrasing. It's in the record. Right from the beginning of the case. And I just read the prosecutor's cross and the prosecutor's summation, which are obviously two of the biggest parts of any trial. And she absolutely hammered him with some of the answers in that cold room police interrogation. So he started out with a translator. There's in the records of Dr. Murphy, there's a reference that he came with a translator. He starts out with a translator, the first several court appearances. And at some point, I mean, believe it or not, Your Honors, the Honorable Judge asks a court deputy if he's a translator. No, that's not the court deputy's determination. So I think that...
He asked the court deputy if he needed a translator, not if he was a translator.
I apologize. That's up to the judge. But ultimately, in a case like this, Brendan Sullivan, I won't say the exact phrase, but in the Iran-Contra hearings, let me paraphrase it. He said, you can't be a bystander as a lawyer. You can't be shy. You It can be oh I afraid I always tell juries and voir dire I going to object her in prosecutor summation It not a question of rudeness It doing my job It up to the attorney to fight for a translator He never did. In addition, yes, Rene.
Counsel, in the motion papers seeking the 440 hearing, looking at your client's affidavit, I don't see anything in the affidavit that says that he ever told the attorney that he didn't understand something or he was trying or struggling. He doesn't seem to make that claim now in the 440 motion. My question is, does he have to make that claim now? Is that sort of critical to this issue?
I believe that I believe his affidavit addresses the translator issue that the attorney told him that that the judge said he has to pay for a translator and he said he didn't have the money to pay for it. So I think he was communicating to his attorney that he needed a translator by saying I can't afford one.
Yes.
Yes. And again, the prior history and numerous. numerous.
And when you say the prior history, you're talking about the prior court proceedings where he had a translator.
Had a translator. So that was, that should have been.
And then the affidavits before the court below on the 440 included the doctor's affidavit that said you need a translator for purposes of the doctor's appointment?
Well, it was inadvertent, but thereby adding some credibility because the doctor, Dr. Murphy's a hand surgeon. He's not, he doesn't understand the issue of translator. He just happened to notice, note in the records that he came with a translator. So in addition to the translation issue, and I know time is limited, the cluster of medical records errors and missing witnesses. Now, I note that the jury, I always pay very close attention, the jury deliberated for eight hours 28 minutes minus meals, seven notes, 12 requests. So I'm not going to get into, you know, whether the evidence was overwhelming or not. The jury didn't think it was. The jury studied this case very hard. And what was the tiebreaker? The tiebreaker, again, the prosecutor's summation, the key to any, if you want to know why somebody got convicted, look at the prosecutor's summation. She hammered the medical evidence. In fact, she started testifying as a witness. I'm a member of the Special Victims Unit, and I'm telling you this, that, and the other thing. No objection, of course, from counsel. But the medical records certainly was the tiebreaker in a close case. And not having an expert witness as the People v. Ezi, a case I handled as a young lawyer. You've got to have an expert in these cases where medical evidence, unless you're the greatest, you know, unless you're Harold Price-Farringer or Harold Boreanaz, and you're really going to make that expert into your own expert. No, you've got to get an expert. And not having the hand surgeon in, was it a big deal? Well, who knows what a big deal was? We don't know what the side of this case laid on a Friday, which is another, I think, problem in the case. that the complainant testified that he used his left hand. I corrected that in the reply brief. He's got a disabled left hand. So yes, you bring that doctor in. Nobody knows what reasonable doubt's going to be in advance. The medical records from the hospital. I mean, it's one thing for counsel not to say, can we have a missing, you know, trials have been won and lost on missing witness inferences. We live on that stuff all day long. Not only did he not ask for a missing witness inference for these records, but the prosecutor got up during the trial, during the cross and during the summation. I think I said, I think we counted, the prosecutor mentioned those missing records nine times. Oh, those records would have helped us. Are you kidding me? That's just unacceptable. I'm not going to use an adjective. Unacceptable for counsel, again, to sit there as a bystander. You're not a bystander. You're fighting for your client. That's why the founders put this in because they knew what it was like not to have an attorney. You have to fight for your client. It's not that hard to do that. So the missing medical records, the lack of an expert, the missing hand surgeon, those were the tiebreaker. and lack, just to, I don't know how much time I have.
You should be wrapping up, Pastor.
Yeah, and by the way, well, the failure to call what I struggling to say is the lack of representation here affected everything There was no investigation The translator issue during the trial, not calling witnesses, not interviewing witnesses. It affected everything. The plea, that plea should be back on the table. Yes, we want a new trial.
At page three, though, he actually talks to the judge, your client does, and he says, I'm going to go to trial, judge. What I'm saying, Ron- So he's understanding what's going on when they're doing the plea discussion back on, what was this, November, January 9th, 2012.
What I'm saying is he had literally five minutes because the counselor did not come to his prison. Yeah, we don't like to go to the holding center, but we had to do it back in the day when I was doing those types of cases more than I am now. There was a lack of preparation, but the errors of counsel affected every stage in the proceeding. And in so many different tidbits, where's the charger? That's why the lady was there. Where's the charger in evidence? You can at least make that argument, save it for summation, they say. Can you make that argument on summation? No. And I just want to point out to close, I've been talking for about as long as the complainants and the defendant were talking on the phone before he went over to the apartment. Can you talk about a charger for 10 minutes, Your Honors? I don't think so. Thank you very much.
Good morning, Your Honor. It's David Bassett for the people. I just wanted to respond to the interpreter issue. As Justice Keene said, the record shows that the defendant had the ability to understand what was going on. He did not have such a significant language barrier that he could not understand the proceedings, and that is what the law requires. It does not require him to be able to speak English as a first language or speak it perfectly. He came here from Iraq several years before his arrest. He had worked allegedly with troops in Iraq, American troops, speaking English before he came here. And he was able to follow the proceedings all the way along, frequently interjecting on his own, showing that he was able to speak English. And counsel knew this from interacting with him extensively. Therefore, counsel is not ineffective for not getting him an interpreter. And counsel made that clear when he said an appearance on November of 2011. We're not requesting an interpreter. It's not necessary.
If we can't raise one of the circumstances. I have a couple of questions about that court appearance. First of all, from my reading of it, I met 213 of the record. Defendants not there. Dependants actually not there that day, at least not yet, because the court says this is where the court starts out. I'm informed by the court, the custody deputies that Mr. Anwar does indeed understand English. This is after he'd had an interpreter the whole time. So that's where the court says that. And then the attorney says, I figured I'd have Mr. Anwar brought over. He's not there. And then he says the very next sentence, but in speaking to him for the record, he's not requesting an interpreter. So now that if he's doing it in the absence of the defendant, and then he makes a reference to Mr. Mohammed, and he says he also speaks English very, very well. He's referring to Mr. Mohammed, but by using the word also, of course, that implies that the defendant speaks English very, very well. And that's the representation that the attorney's making. Isn't that contradicted by Mr. Anwar's affidavit, where he talks about it again, as Mr. Ostrowski brought out, I can't afford an interpreter, you know, talks about the money issue. Isn't he saying, isn't he essentially contradicting what his attorney represented to the court? And if that's the case, don't we need to hear it?
Well, I would submit no. He is saying now, 10 years after the fact, that he has difficulty. He says, there were many times during my interrogation trial where I was confused by a language. He does not say I was unable to understand the language. He does not say that he requested an interpreter.
So if you're confused, does it mean you understand? Is that your argument?
Excuse me?
When he says, I'm confused, should we interpret that to mean he understands?
I don't think you should credit his statement that he was confused, given that it's self-serving, unsupported by anything else.
All those things can be challenged at a hearing, at a 440 hearing. The judge runs a hearing and takes testimony and allows for cross-examination. It's all challenged then. And then the court maybe very well after hearing the witnesses says yeah this witness can proceed without or was proper to proceed without an interpreter or not Why wouldn the judge below based upon the information present, run the hearing just to make a determination based upon the testimony before the judge, who, by the way, was not the judge that sat on the trial?
Correct. The judge that heard the 440 motion heard oral arguments on this. He looked at the full record and he concluded that this claim of ineffective assistance of counsel had no merit.
I recognize that's what the judge did. What I'm saying is when you do have some of the information that was before the judge relative to the affidavits, right, saying by the defendant saying, I didn't understand what was going on. I was confused. The doctor who said he brought in a person with him who was helping with the interpretation, when that stuff is before you, where's the harm in running a hearing to make the decision based upon the testimony that can then be challenged?
Just well, I think the harm is that if a defendant could contradict the entire record with a self-serving affidavit, 10 years after his conviction, every 440 motion turns into a hearing.
I'm not saying make a determination that it was ineffective based upon his affidavit, which you depict as self-serving, which I think is fair to say any defendant's affidavit is going to be self-serving. But I'm not saying the judge should have made a determination based upon the defendant's affidavit. I'm not saying that at all. I'm saying, isn't there enough here before the judge for the judge to say, we should run a hearing, to allow for that affidavit to be challenged?
Our position is there was not enough, that the record as a whole showed that that allegation was not true, that he could not, his claim that he could not understand English was not true. If you look at the trial record, he is able to articulate his thoughts. He testifies extensively. His attorney puts him on the stand, tells the whole encounter from start to end as one of consensual sex. That was his whole defense relied on him articulating that in English. And he was able to do so. Jury didn't believe him, but that does not mean that he wasn't able to express himself and understand the English language sufficiently to give him a fair trial.
I understand your argument. Anything further?
No, Your Honor.
I'm sorry. I apologize. One real small point. Counsel brought up about this idea of hesitating when he's on the stand, you know, the way that he's giving testimony. Did you see evidence of that in the record yourself?
the way that he gave the testimony to stand being that's somewhat hard to decipher from the transcript your honor
um might might have been easier to decipher from a hearing you're asking him to decipher now that he's been in prison for 10 years speaking in english his ability to speak language english language now versus how he was able to then
no no i'm saying if you have a hearing and you have the transcript and you can go back and talk about this part and that part you can ask counsel and you can ask him isn't isn't that a little bit wouldn't that be a little bit more clear? Did you understand this part? Did you understand that part? Do you understand what I'm saying?
I understand what you're saying. I don't, I think he, his claim requires more than that. He has to show an inability to understand the proceedings. Not that he had a few hesitations before. And if you look at the transcript, he ultimately reaches the, I think, expression and thought that he's looking for. Hesitation does not show misunderstanding, confusion, or lack of ability to speak English. It's English as a second language. That is perfectly acceptable for someone in that position to go to trial without an interpreter. That's our position.
One more thing, Counseling. it is tough to get a full idea of the flow of the words from a transcript, but we do have some actual in time, give and take, and that would be the tape of the brandizing. And do you feel that it's clear in there? And I've seen it. And do you think it's clear in there that he understands everything that's happening, not only the words, but the import of those words?
I think some hesitation is natural in that context, given the police environment. But if you look at the way things are explained to him, they take it slow, they express these questions. in a way that allows them to understand them. Again, doesn't have to be speaking 100% in the way you or I might, but in a way that clearly shows that he understands what is being asked of him, and he understands what he's saying and the import of what he's saying.
But did they ever even ask him did he understand for Miranda? Did anybody ever say, do you understand? I don't recall anyone even asking him with the Miranda warning.
I think that is reflected by his words and his conduct in the interview that he understands. Thank you, Your Honor.
Thank you, Chelsea.
Calling cases 147 and 152. Thank you.
Good morning. Hold on, Councilor. Are we waiting for Mr. Otis? I believe we are. Here we go. All right, counsel, can you all hear me?
Yes.
Yes.
Okay, and Mr. DiGiorgio, am I pronouncing that correctly?
Yes, Judge. Yes, you can hear us and I can hear you.
Mr. Strang, can you unmute, just unmute your, so we can hear you?
Yes.
Okay, very much. Mr. Otis.
Yes.
Very good. Why don't we proceed?
Thank you, counsel.
Thank you, Judge. Good morning. Here to Georgio for the appellant. I'll start off with the appeal on the B docket, and I'm going to reserve my comments, which will be brief, to points one and two. Doing a lot of family court work and permanent neglect petitions, that dispositional order that's entered under the N docket is kind of the roadmap that parties need to use to to get their children back. As this court's aware, the standards clear and convincing evidence that he has failed to repeatedly and substantially plan for the return of his children. And just the numbers alone, there was 20 items of requirements in that dispositional order, and I counted seven or more that weren't even addressed at the fact-finding hearing on the on the permanent neglect. And the trial court essentially found that it was Mr. Towsley's attitude and his anger that prohibited him from completing a lot of the services and putting him in a position to have a return of these children. I know the court can look at, I've spelled out each of the dispositional requirements in the end docket in my brief and what proof there was. And I know the court can navigate through that, but there really has to be addressed by this court because I don't see much in it in the decisions that I've researched of claims of social service departments saying that a client doesn't benefit from services. The standard is for permanent neglect, does one repeatedly and substantially plan for the return of a child. It doesn't say repeatedly, substantially benefit from the services that are provided. Now, I know that's a fine line and that someone could deliberately try to not benefit to be an obstructionist, but he did do a lot of services here. I know he visited with the children, although he didn't miss visits, but the question for this court, and I asked the court to, and obviously you will go through the record carefully, is this a case where there is a repeated and substantial failure to get the children returned. He did have a number of services that he did, anger management, parenting. So I'd ask the court to look at that. With regard to point two, as this court's aware, one of the dispositional options that the trial court would have would be to give a suspended judgment. It's kind of a second chance. I think the appellate courts have deemed it a second chance for a parent.
Counsel, with respect to that, the children at the time of the dispositional hearing, they had been in foster care for three years, had they not?
Yes.
Yeah and that a lengthy period of time for foster care Could that have been one of the factors that the court considered when determining whether or not to give additional time
It is one of the factors. But also keep in mind, and this is not borne out in this record, that oftentimes the proceedings alone will take a significant period of time by the time we get to an order of disposition. I don't know if in this case, because I don't have it specifically in front of me, whether the petition was brought within the first 15 months or not. And the children's age. I mean, they're represented by an AFC is going to advocate for their position. But I think it's got to be weighed with what is the parent doing? And in this case, Mr. Towsley was attending anger management. He was making progress. He was doing his mental health. He was visiting the children. and they're showing that his anger had subsided during some of these visits. And I think given that these children were not infants, they were, I mean, they're not older, but they were not that young either, that a second chance should have been afforded.
Let me ask you a question, though. Didn't the court, before the dispo, order DSS to increase the counseling and increase visits kind of as a second chance before the dispo order bill that happened, right?
Yes, but I think that's all, your honor, part of diligent efforts to up the diligent efforts. I think the purpose of the suspended judgment is once the parent realizes, hey, it's D-Day here, you haven't done what you need to do, does the parent wake up and come around and isn't the children's best interest? It's a balancing. I realize it's not clear and convincing at that point, it's best interest. But again, this is outside the record, having been in the trenches in family court and being an AFC, there's a lot of times situations kids don't get adopted. Kids linger in foster care even after the termination of parental rights. So I think it's incumbent upon litigators and courts to look at the suspended judgment as a more of an option for parents who've had their rights terminated. Thank you, counsel.
Unless there's questions, would you like me to move on to the, I can briefly discuss the other appeal, or are we going to recall that case?
No, no, do it right now.
Okay. The other appeal on the face looks moot. On August 9th, Mr. Towsley was deprived, August 9th of 2023, he was deprived of visitation. The county had submitted a letter or a request to suspend the visit. The judge said put it in writing. And then two weeks later, the judge made his ruling on the 23rd. He made his ruling in the dispositional order of terminating rights. And Mr. Towsley was deprived of his visitation. On the face, it appears moot, and I agree with 75% of what the trial court did. But really, a decision should have been made whether there was a violation because this could reoccur itself in some other situation where there's a different termination of parental rights. And if indeed there was a violation of a visitation order, that militates against the department using diligent efforts if they're going to unilaterally just disobey an order without going to court. And if Mr. Towsley had other children that somehow were removed, he could possibly use that argument that, look, I had this case in the past where there was a contempt finding against the department that they deprived me of my contact with my children, which affected my ultimate rights to receive them back.
We'll take a look at that, counsel. Thank you.
Thank you, Judge.
Counsel?
If I'm on mute, can you hear me?
Yes. Speak up a little bit.
Sure. Sean Sterling. I represent the Jefferson County Department of Social Services. I actually was trial counsel on this as well. Just want to address the points that were raised by Mr. DiGiorgio before I move on to the other. this was a lengthy case. I think there were a lot of considerations that led to, you know, the delayed filing of permanent neglect. And that included, you know, some periods of COVID time and things of that nature that kind of delayed it. So the termination petition wasn't filed until well after the first 15 months in this case. Mr. Townsley had plenty of opportunity prior to us filing our petition, our termination petition to address these concerns that we had. And, you know, as you can see in the trial record, he was very competitive the whole time. And it was not just with the department. It was with every service provider that he had to deal with. Now, the argument that, you know, that he just has to participate in these services and that will lead to a reunification that troubling I guess on its face because if parents are expected to just sit in a room while still holding on to the feelings in the ways that led to the children having to be removed in the first place and then to have the children removed with no progress whatsoever, that seems to be, I guess it makes it meaningless for us to even offer the services in the first place.
Counsel, I have a question.
Sure.
Do you think this was a close case?
No, not really.
And why not?
I think that Mr. Towsley didn't take any of the concerns that we had seriously. He refused to address them. I saw very little difference. The department saw very little difference between where he was at the beginning of the case and where he was at the end of the case. Where it was addressed already that he was kind of given that chance to maybe earn a suspended judgment prior to where the judge had increased his visitation. We did some in-home visitation with all the children. So that to me, I took that from the court as, you know, here's your chance to show us that you're actually going to make some verifiable progress. And during that period of time, we're probably the most egregious outburst that he had made.
And can you speak to the corporal punishment that was happening?
um yeah sure i i believe you know mr cowsley had a very firm belief in corporal punishment um to the to the point where you know even even when he's told that this maybe you hold on to these beliefs but during this this we're asking you not to do it during this this setting um and he was resistant even in the setting where the children are being supervised and he has assistance of other persons, he still would engage in the corporal punishment, which, you know, to the department and to the service provider, if he's willing to do that when the children are in his care and custody, or not in his care and custody, and he's being supervised, it's a big red flag for them if the children were to be returned to him. The department had separated visits even, because they were quite chaotic. There were five kids. And, you know, I think that was towards the end when the judge had ordered the visits to be combined and to increase the visitation, it was to see if there were even, there wasn't even a chance that he would be able to take all of the children in that way and handle them appropriately. And it was just a failure on all accounts in that regard.
Anything else, Russell?
Just to the other petition, the enforcement petition, I believe it was, that was filed towards the end of the case. That, on its face, you know, Mr. DiGiorgio had referenced it as a contempt proceeding, but it was not a contempt proceeding. It was simply a request for an enforcement of an order. There was no order of any kind of parenting time. There was an order prior for certain visitation of before the dispositional period, but there was no actual order to enforce. The department had increasing behaviors that were exhibited and the children's own counselor was recommending against the contact. So the filing of the actual order by the court that his visitation was ended basically made it a moot point. So, I mean, the only thing that they could have really ordered was to make up the visitation, which would fly in the face of their determination. Thank you, counsel.
Thank you. Mr. Otis?
Thank you. I'm here on behalf of the children today. These five girls are now aged 5 through 11. They've been in care for five years next month. They certainly deserve permanency. The respondent has never taken any responsibility for the domestic violence and the unsafe living conditions and the feral, hyper-sexualized life that they had endured while they were in his care. The respondent was negatively discharged from most of his programming. He never showed any benefit from his services. He remained combative toward DSS caseworkers and all of the programming staff throughout. He never even managed to progress to unsupervised parenting time. I interviewed the girls a number of times pursuant to ongoing permanency proceedings, and as recently as last night, they're very bonded with their foster family. They feel a desperate need for adoption. So I would ask the court to affirm the trial decisions and allow these children to be adopted. Thank you, counsel.
Thank you. Cases 148 and 153.
Thank you Council Council Council yes you've got the floor
thank you I will stand on what is in my brief the children are doing well as is indicated in the brief they've been adopted already they have permanency and none of the appeals here asked to overturn the neglect. They only asked for a new hearing which would not be in my client's best interest.
Very good. Thank you, Council.
Thank you. case 152 scott t versus jefferson county dss 152. 152.
Can we just do that with 157?
Oh, 152. 152 was with 147. My apologies. My apologies. Thank you.
154. Todaro v. Malinkowski.
Thank you. Good morning, Your Honors. Thank you for the behalf of plaintiff, appellant. May please the court. Here we are seeking to obviously have this court review a lower court's determination that granted summary judgment to the respondents in this action. We submit that the trial court's reliance on the expert opinions of Dr. Castellani and Dr. Pearson were inappropriate. Dr. Castellani, I am a doctor, two years post-accident, reviews medical records and determines that the plaintiff, Nathaniel Totaro appellant, had suffered injuries. He includes, though, or concludes, though, that those injuries are minor cervical strain and sermogenic headaches, in addition, a less severe thorough lumbar strain. He goes on to state he suspects these would resolve itself within a short period of time. He does not directly opine, though, that it did resolve in a short period of time, one that would suggest or try to support the argument that he did not suffer a significant limitation. In fact, Dr. Castellani reviewed the medical records of Dr. Landy. Those medical records were a neurologist that treated or provided treatment to the appellant, and that treatment was seven months post-accident. And those treatment records indicated, as per Dr. Castellani's report, that there were still range of motion limitations, orthopedic findings of injury, positive orthopedic findings of injury, and various MRI findings of injury, including disc bulges and herniations and the like. Dr. Castellani, in his own report, also finds injuries. He states there are a range of motion limitations. There's a disc protrusion at C4, C5, osteophyte disc complex into the spinal canal, disc space narrowing, strengthening the lumbar lordosis and an annular bulge. He seems to suggest, though, in his opinion, and that is which plaintiff, I'm sorry, respondent relies upon, is that because he didn't suffer, plaintiff, a herniation, he doesn't have a qualifying injury. And that just isn't what the case law would suggest. In fact, bulges, tears, stenosis, and all that, coupled with range of motion limitations and those orthopedic tests that all of which plaintiff appellant has submitted would suffice at least a significant limitation of injury. So we would submit that Dr. Castellani's report actually runs or his findings run contrary to his speculation or conclusions therein, that they were merely conclusory. And we liken this to the Banas versus Waikiki, I think it is, in which we think just like in here that, or just like in that case, that the report itself would in fact create its own questions of fact, precluding summary judgment from respondent in this case. Also submitted in support of-
So your argument would be the burden never shifts.
It never shifted, no. Their report alone suggests that there are injury findings. And you know, in fact, it lists findings. It says, yeah, he definitely suffered these injuries, but we're gonna call them a strain and strains should heal themselves. But it actually doesn't ever comment when the injuries healed. He takes note that in fact, the plaintiff presented a seven months post-accident and these what the findings were. He doesn't refute those findings. He doesn't say that Dr. Landy was inappropriate in suggesting those findings or anything of that sort. He just similarly concludes, well, they should heal quickly.
Counsel, it may be difficult for a treating physician to pinpoint when a particular injury might heal or not and what that actually even means, how you can even define heal is reach some level of stability, I guess. But here, the issue we have is that we have these range of motion deficits specifically, which is sort of like this hallmark sign. Are you arguing essentially that an IME doctor, once you find them, once you find those range of motion deficits, you need to explain something separate from the incident, some preexisting, something new, something subsequent, whatever, something different from the incident. If you fail to do that, we're left with an issue of fact.
Right. It's inconclusive. You know, it's pure speculation. And here he did nothing to suggest that it was pre-accident or pre-existing. In fact, there are no pre-accident records reviewed by any defense expert in this case. Dr. Pearson doesn't review any pre-accident records, and certainly Dr. Castellani doesn't. So the suggestion that these are degenerative or that these findings are not related to the accident just falls flat. we don't think it's sufficient
any further
um with regards if i may just very briefly with regards to dr pearson um you know dr pearson first i would suggest and i saw respondents brief cited him as a board certified radiologist that's nowhere in the record dr pearson's report simply doesn't state that at all it merely suggests he's a physician authorized to practice in the state of new york and we submit that's insufficient nonetheless turning to um his report itself if if this court were to consider it, you know, in Dr. Pearson's report, he does not, he states he has an inability to confirm that the findings are related to the accident. And again, we submit that is insufficient, you know, again, to bring it home, speculation and conjecture alone, it just isn't enough to warrant summary judgment, dismissing plaintiff's complaint.
If there's anything further from this.
Nothing further. Thank you.
Thank you. Honors. Good morning, Your Honors. Rachel Emmerer for the defendant respondent. Just to respond to the points made, Dr. Pearson is a board certified radiologist. At the bottom of his report, he specifically states that as well as his qualifications to comment on this case. That issue as to his qualifications was never raised below. Dr. Pearson is qualified. So just turning to his report, he focuses on the alleged findings on the MRI. Dr. Pearson goes into detail about traumatic findings versus degenerative findings. He's explaining what exactly he's looking for and what he uses to make his opinion. He says there's no signs of trauma on the MRI. And I do want to note that a disc herniation, because counsel had mentioned just generally, oh, there's findings, right? Well, a finding in and of itself doesn't meet the standard here, right? That finding needs to be traumatic, acute, or causally related to the accident. And that finding needs to also be correlated to a significant limitation to reach threshold.
So isn't that going to be plaintiff's burden at trial? They have to make that causative link at trial. They have to say these injuries, these range of motion deficits are related to the injury. That becomes their burden at trial. Here, summary judgment, isn't that your burden to prove that negative, that it's related, these range of motion deficits are related to something different? Maybe degeneration, maybe you get something different.
Yeah, I understand your question. And we do have that burden on this motion. And we met that burden. I think the distinction here and what makes this case a little different than the asking the question, what are those range of motion findings related to? The position here for us and based on the evidence, both what the defense submitted as well as what the plaintiff submitted, and I'll get to that in a second, but does our burden, first, is there a physical injury, right? So that's our And first question, is there a physical injury? And the evidence based on Dr. Pearson's radiology review and the IME, no, there is no physical injury. And then the second question is, does that physical injury rise to the level of a significant limitation or a permanent consequential limitation? It does not happen in this case, right? So just to talk a little bit more substantively right Mr Totoro goes to the emergency room and this is all noted in Dr Castellani report which we submitted to meet our burden Mr Tutoro goes to the emergency room They find no traumatic injury. They find he has normal range of motion findings. At most, they find a sprain, which is exactly the finding of Dr. Castellani. Um, after that, um, he, he gets an MRI, right? Um, that MRI in and of itself, um, and just going, I know I'm backtracking a little bit, but disc herniation, disc extrusion, disc protrusion is not even alleged in this case, right? So we're not, when, when counsel comes up here and says there's some findings, those findings aren't even alleged in the first place in this case. And those findings aren't on the MRI, right? So Mr. Tutorial then goes and gets an EMG. That EMG finds no cervical radiculopathy. He goes and gets an MRI. There's no findings as to herniations, disc protrusions on that MRI. At most, there's a bulge. The bulge in and of itself doesn't rise to the level of a serious injury. You need something else to correlate to a significant limitation, or is that bulge, is that causing problems? It's not based on the imaging. And that's Mr. Totoro's own treating doctor. Dr. Landy says there's no nerve compression, no nerve or cord abnormalities. So that supposed injury that they're alleging doesn't rise to the level of a serious injury. And just to note again, on the findings, that lumbar MRI that Mr. Toro gets actually cause that, that report in and of itself calls that level where that bulge is, they call it, they don't actually call it, they know it a bulge, but they actually call it a disc osteophyte complex and call it degenerative. So that report in and of itself, again, is supporting the defense's burden that this is a degenerative finding. And because plaintiff doesn't submit an expert affidavit or anything in their motion to say that this rises to the level of a serious injury. Is this supposed bulge in the first instance? If it's there and if it's related to the accident, which they submit nothing that it is, even if it is at that point, does that rise to the level of a serious injury? And there's no evidence in the record that it does. right? That there's no cervical reticulopathy. Range of motion findings, for the most part, are normal, right? Dr. Landy finds normal range of motion. And then Mr. Totoro stops treatment at this point, four years ago, two years before the motion for summary judgment.
So doesn't Dr. Castellani find range of motion deficits on both the lumbar and cervical areas of the best?
So Dr. Landy does find range of motion findings. And so does Castellani.
I'm sorry, what was that?
Doesn't Dr. Castellani, the IME itself, doesn't that find significant range of motion issues?
So yeah, and then just turning to those range of motion findings, I think you need to look at those first in the context of the history of the case. So the only range of motion findings in the less than one year that Mr. Totoro treated, they were essentially normal, sometimes above normal. But if there was any decrease, which many of the times there wasn't even a decrease found within that year, but if there was, it was a slight decrease, not enough to reach that serious injury threshold. But what's interesting is that Mr. Totoro, when he goes at his last treatment visit with Dr. Landy, he has essentially a normal exam. Dr. Landy finds normal range of motion. And that's his last visit. That doesn't even account for the few visits before that, that again, he's having normal range of motion. So at that point, when he stops treatment in 2020, he has normal range of normal range of motion. And then Mr. Totoro stops treatment at that point. He doesn't follow up. He has no treatment for two years at that point. So Dr. Castellani explains that when Mr. Totoro comes back for his IME and has these subjective, subjective, subjective, so that that's based on his effort those subjective range of motion findings that are substantially lower than they ever been at any point in the history of this case He explains that that causal link between the accident and these subjective range of motion findings that that's eliminated at that point. But again, even with those range of motion findings, that in and of itself isn't going to reach the level of threshold, right? Are those related to some objective finding? and the evidence in the record in its entirety does not do that. Dr. Pearson and Dr. Castellani explained that and plaintiff submission again doesn't make any sort of causal link because they don't submit an expert affidavit. At most-
Counsel, you should begin to wrap up.
Okay, thank you. I just want to point out just at most what's submitted again in plaintiff's finding is the no fault IME, which again supports resolving strains, plaintiff that he could work and do his activities of daily living. And I just want to wrap up with that, that that plaintiff's own testimony that he says, I could do completely everything after the accident, I can work my two jobs after the accident, I didn't have any restrictions or limitations after the accident, That's coming from him as well during the entirety of the case. So I think looking at both the objective evidence on the IMEs, well, the single IME that he has, as well as the limitations, which are non-existent, that this case, even considering all the evidence in the light most favorable to the plaintiff, it just doesn't reach threshold.
So I look at that, Councilman. Thank you.
Thank you.
Yes, I can. Good morning. We can hear you loud and clear. Please proceed.
Thank you. Good morning. May it please the court. I will take that. My name is Mark Sherman, and I represent the defendant appellant. In this case, I'll take far less than the 15 minutes allotted to me this morning for my argument. You know, turning back to your wiser words to this morning's newly admitted attorneys, I recalled the early days of my career when friends, family, neighbors, and others seemed to come out of the woodwork to ask me for legal advice on all manner of subjects. I quickly realized how little I do, but I remember that in many of the matters that were submitted to me, I struggled to see that they actually amounted to real legal controversies, much less controversies that warranted the time and money of litigation. frequently then and now with the benefit of years of experience. The best counsel was to gently suggest that despite the existence of a very real problem, there was not necessarily any legal remedy. Similarly, in this case, Ms. Welch, the plaintiff, suffered a very real problem, and there is no dispute that she fell and injured herself. We submit, however, that her unfortunate accident is not one for which there is any legal remedy against the defendant because there's no evidence that the defendant breached any duty to her or that the defendant committed any causally related statutory violation.
counsel in your in your brief um you spend and i'm looking at pages 19 and 20 primarily you spend a little bit of time uh i think being critical of the plaintiff's expert where you talk about how the plaintiff's expert came to this conclusion that these are permanent stairs uh they talk about because they're in a permanent setting because they're carpeted and then talks about the duration of time that they existed and you say that he was failing to cite any authority as to why it's permanent. The plaintiff's expert goes on to say that the section that he's referring to, the stairway section of the code, applies to temporary stairs too. So he's essentially arguing that this bleacher section that your expert relies on and the stairway section that the plaintiff's expert relies on, these aren't mutually exclusive. You can have a particular set of stairs that qualifies under both. I don't see your expert giving any authority either for this claim that it only bleacher not stairway and that there mutually exclusive Where the authority for that
Well the code applies, the code that is cited by the plaintiff's expert and that the plaintiff relies upon expressly applies to permanent stairs, which bleachers are defined specifically as being temporary structures.
But the word permanent isn't used in the stairway section. It says one or more flights of stairs exterior or interior with necessary landings and platforms that form a continuous and uninterrupted passage from one level to another. That's it. It doesn't say whether they're permanent or temporary.
That's a fair point, Your Honor. Nevertheless, it's our expert's opinion that the code as worded, whether it uses the word permanent or not in reference to stairs, doesn't apply to temporary structures such as bleachers.
But were they temporary? I guess weren't they up for a long time? There were something that they take apart every time or anything of that nature, correct?
That's true. The fact that they were in that auditorium and were not dismantled or moved at any known time, however, does not change the nature of the structure. The fact that the structure is permanent, it is something that can be dismantled with simple tools, as opposed to built in stairs that are made of concrete and that are fixtures to the building itself.
Where's the thing about dismantled with certain tools? I don't see that. Where does that come from?
Well, the fact that the bleachers are temporary, the temporariness of the bleachers comes from the fact that they can be dismantled and moved easily with tools, as opposed to permanently inbuilt stairs, which cannot be moved except by demolishing them. and because they are permanent fixtures of the building.
Well, I don't say the word temporary, but I do see the word not a building element. And that might be what you're referring to with this whole thing. But that phrase, not a building element, I don't know what that means. It seems to me that you can take apart anything you want, depending on how far you want to go and put it back together again. But I don't know if I don't see anything in any authority that, you know, whether you take it apart with a screwdriver versus a wrench versus some other type of equipment, matters for these definitions. And so I don't know that your expert says it either.
Fair enough, Your Honor. It's nevertheless our contention that the plaintiff's expert provided the court with nothing more than a convoluted hodgepodge of photos and copied and pasted statutes and disjointed conclusions which failed to set forth accurate measurements and which also ignored the plaintiff's own testimony and instead invented testimony for her by saying that her accident was called by a so-called disruption in the rhythm of her movement as she descended the stairs. She never said any such thing. And the motion court erred in several ways, including by crediting that theory of the plaintiff's expert. That is, despite the fact that the plaintiff's expert had not reviewed the deposition transcript, as well as his citation to inapplicable statutes, as we maintain, the court credited the expert's opinion that excessive variation disrupted the plaintiff's balance after she developed a rhythm on the stairs. She never testified anything like that. To the contrary, her testimony was that she was moving down the stairs slowly.
Council, these all sound like great points to maybe raise on cross-examination during a trial.
Thank you, Your Honor. I think that they also have failed to raise an issue of fact
The burden has to shift first, right? You have the burden here and pointing out gaps in the non-moving parties papers doesn't really get you too far. You have to first satisfy your own burden. But you should begin to start thinking about wrapping up.
Okay. Well, to that, Your Honor, I would just suggest that, you know, although I struggled to find case law in the Fourth Department, admittedly, there is ample case law where expert opinions that are conclusory, speculative, or unsupported by the record are insufficient to raise tribal issues of fact. So as to preclude summary judgment, talk about conclusory statements. The plaintiff's expert in disputing the defense expert simply states in paragraph nine of his affidavit, based upon my review of the applicable code, the defendant's expert is incorrect, period. Nothing more. No statutes, no citations, no facts, nothing. In addition to such conclusory statements, the expert relies on speculative and unsupported theories such as this disruption of Ms. Welch's Pace theory. And these are insufficient to raise issues of fact. And accordingly, summary judgment should be granted, therefore request that the judgment of the motion court be reversed. Thank you.
Thank you, counsel.
May it please the court, Lorenzo and Palatano for the respondent in this matter. Your Honor, this is a relatively straightforward case. It's just down to liability regarding the stairs where the respondent fell and was seriously injured. As an initial matter, I don't believe the appellate in this case met its burden for summary judgment. There was nothing to show that it was unaware of the condition of the stairs or that didn't create the dangerous or defective condition, according to the case law I submitted in our brief. There was no maintenance record, inspection record submitted in this case. And we talk about conclusory. There was an affidavit submitted by the executive pastor, but there was nothing mentioned about, you know, we regularly inspect the place. The cleaning staff goes by. They look at the stairs. his conclusion was just basically, well, I never heard a complaint, so there wasn't a problem. And I just don't think that that's conclusory, and I don't think the court below found that convincing.
What about the fact that there was a building code violation? Is that conclusory? Is that a fact?
No, Your Honor, I think it goes to what this court talked about in the Palmer case. It's the classic battle of experts. as Justice Nowak indicated, the codes are not mutually exclusive. So it's just their expert says the stairs are not defective and they're proper. Our two experts actually say stairs weren't proper. They lacked a proper handrail. The risers were different lengths. I think the court below correctly concluded, hey, this is a credibility issue. We can't decide this on the sermon judgment motion. These are things that need to be submitted to the jury. decide. I think they're expert relying on just saying these are temporary structures. Judge Keene, I think you asked a great question. Are these really temporary? I mean, the bleachers at Yankee Stadium are called bleachers. I don't think those are temporary. These bleachers were there for, you can call them bleachers all you want. They're sticks. They've been there for years. And just to say, well, they can maybe be taken apart by tools. Everything can be taken apart by tools. Your Honor's Bench could be taken apart by tools, but I wouldn't call that temporary. So I think these are just classic issues. Again, battle the experts that should be resolved by a jury. Those are issues of fact for trial. And again, with respect to any credibility issues on behalf of the plaintiff, I don't think there are, but if there are inconsistencies between her deposition testimony and the affidavit submitted in opposition to the summary judgment motion. Again, Justice Whammon, those are credibility issues. That's great ammunition for cross-examination, but those are not issues I think the court should decide in summary judgment motion. So for all those issues, I think the court should affirm the court below's decision. Thank you, Your Honor.
Thank you, counsel. No other questions. Thank you.
Case 156, Route 90, LLC versus Meshurian UBIF Franchise LLC
Mr. Byrd, can you hear us?
I can hear you, Your Honors. Can you hear me?
We can very well. Please proceed, Counsel.
Thank you, Your Honors. Matt Byrd on behalf of the Plaintiff's Appellants. I just want to highlight a couple key facts and jump into point one of my brief. And just briefly, this is a case where the plaintiffs started a business, you break, I fix, which I'm sure everyone's familiar with. They fix and service phones and various other electronics. They started this business. They had no intent to sell this business. They were contacted by respondents to purchase the business. Negotiations ensued. These negotiations are set forth in my papers. But what it boils down to is my clients were seeking five and a half million dollars. When negotiations did not reach that level, what Assurion had said to my clients was, was there any flexibility in this price if we offer you jobs? There was another representation that essentially these jobs will continue until you found your next thing. It was based on these representations that ultimately there was a price of $3.5 million agreed to, and jobs were provided to the members of these companies, one being Nathan Bouts, who is a plaintiff's here. Ten months after that, he's terminated his position, which gets us to the lower court, which now gets us in front of your court.
Counsel, I think you have missed two really important things that happened between what you started to say, and then in the end, I'm getting terminated. And those two things are two contracts, okay, that were entered into between your clients and the people who were buying their company and what was said in those contracts, okay. And that's a huge event that happened in between him getting fired and him selling the business. Is that right?
That's correct. That's correct, Your Honor. And I apologize for jumping over those. But if I move to point one of my brief, and that kind of addresses this point, what the lower court said in dismissing this first cause of action for fraud and fraud inducement is what the court said was it was based, the negotiation was based on the salary, essentially, and not the duration of employment. That's not what we've alleged. And I think that addresses your point, that there were these negotiations happening before the contract was entered into with respect to the transfer of the business.
I have more questions before you get further than that. All right. So after negotiations, then everybody sat down and came up with these contracts. It is my understanding that your client was represented by counsel throughout the contract forming time. Is that right?
Correct. Separate counsel. but yes.
All right. No, but they had a lawyer that could have said, hey, you know, they made promises during negotiations. Let's make sure we get them in writing. Okay. And I'm sure if they were, you know, halfway decent lawyers, they would have said, yeah, let's get that straight. Let's put that in the contract. So we have the writing to rely on. That didn't come out in the contract did it, that they could stay in these jobs for as long as they want, and that the jobs were consideration for not paying $5.5 million, but only paying $3.5 million.
You're correct that that was not found in the contract, Your Honor. You're correct about that. And I would say to that that if you look at the case law cited in our first point, it really doesn't matter that that term was in the contract. If you look at the case, and it's on page 14 of my brief, but essentially what it says is what the court, and this is what the lower carp should have looked at. It should have looked at whether there was an allegation alleged of an injury separate and distinct from the termination of employment. And that point gets us around kind of the at will employment and whether everything was in this agreement. Because if we've alleged on a pre-answer motion dismissed that there's an injury separate and distinct from the termination, which there was an employment agreement in place, if we get around that, then that first cause of action shouldn't have been dismissed. Now here, we've alleged numerous times that there's an injury here, not just based on the salary that they would have received, but that a business that they grew was transferred essentially on this promise that it would continue. So what I would say is that you can look at these negotiations and statements and promises made prior to the contract.
Let's talk about promises, promises to continue employment Let just chat about that for a second Okay so the contract It talked about what would happen to the employment if the closing didn occur correct
That correct Okay It talked about what would happen if he worked there less than six months He wouldn't get his bonus. It talked about what would happen if he worked there more than six months and that he would get a bonus. And in fact, he got a $10,000 bonus for working more than six months. So the I guess what I'm leading to is the contract, the employee retention agreement anticipated that his employment could end at any time. And there were various points that certain things would happen and they were all written out in this contract. OK, and there was it was also apparent to me that very carefully and in bigger words than anywhere else in that contract, the idea that this was a at will employment and that it appeared well spelled out in the contract that, you know, nothing was promised. okay that's a the definition of at will i mean there was pains taken to to put down the various um time frames and what would happen if the employment ended so i think they anticipated that at some point you know that the um employment would end but and they they made um contingencies for all of those places that it might have or could have or in fact did end. So I guess what I'm trying to figure out what the relevance of your negotiations were pre-contract.
The relevance, and I'll be brief on this, but the relevance of that is that this was a promise made prior to entering into the contract. And as I mentioned, it does not matter if that's an at-will contract. If you look at the elements of a cause of action for fraud and fraud in the inducement, if there's an injury alleged based on a misrepresentation prior to entering into the contract, it does not matter that it's at will. We've alleged that here. So that's where I think the error is. And the lower court did kind of get to that point, but not completely, because what the lower court said was based on salary, not duration, which the court didn't even really address the at will employment. So the court recognized kind of this legal principle, but we respectfully think that the court made the wrong decision. Thank you, counsel.
Any further?
Nothing further. Thank you, Your Honors.
Thank you. Good morning, Your Honors. I'll be very brief. I believe this is a very straightforward case, and I think Judge Bannister raised all of the issues that I was going to raise. there are clear contracts here. If all of our clients had contracts that were this transparent and straightforward, capital letters, very clear language on the first page of the agreement, there was no question but that Mr. Bouts knew what he was signing. He was represented by counsel, and it was incumbent on him to read the contract before he signed it, which if he didn't, then if he did, he would have clearly seen the terms that were contained therein, and our client complied with all of those terms.
If there are no further questions.
No questions, counsel. Thank you.
Thank you. Case 157, Fang versus Town of Amherst.
good morning your honors mr feng if you could just wait one minute we're going to make sure that your opponent is on the screen and ready to go
oh i'm sorry mr alba good morning your honors uh i can hear you can you hear me okay
we can hear you fine Thank you. Mr. Bang, please proceed.
Okay. May the please call. This appeal seeks an end to defendants use procedural technicality to avoid its municipal duties. Contrary to defendant's assertion, the plaintiff actually have fully complied with all statutory requirements. The first, the plaintiff's refiling is not barred by the statute of limitation. And during the first appeal, this court upheld the lower court's decision concluding that the trial court had made its decision only after securing the defense counsel's concession that the plaintiff's refile would not be precluded by the statute of limitation, allow plaintiff to refile. In addition the doctrine of continuous wrong applies here As this quote indicated in Sniper v City of Syracuse the municipality has a duty to continuously maintain the safe road condition This defendant refused to remedy the road hazards constitute a continual wrong. As long as these road hazards pose harm to the people or their properties, the statute of limitation remains taught. The second, plaintiff has complied the municipal law section 50H. upon this course of the decision
how did you comply with 50H when you did not go to the 50H hearing
I will address this let's address this first okay what you're talking about is March 29th 2022 hearing that the defenders rely on so much right but this is a displaced misplaced because the choice court's decision dismissal without prejudice that permitted but did not mandate the plaintiff to refile. Plaintiff may choose to refile or not to refile. So without a valid notice of claim, the defendant had no way of knowing whether the plaintiff will refile or not. Therefore, the defendant had no reason, no right, to even demand a hearing without a valid notice of claim. According to Section 5821, They have to, okay, let's address this. Besides, that hearing is allegedly arranged for 15 months before Planteau filed the notice of claim on June 30, 2023. So that makes it irrelevant to this refiled case.
We'll take a look, Nick. Is there anything further?
Yes. Okay. Then we'll go back to our continuous ways. So when this court made the decision entered on June 9, 2023, the plaintiff filed a notice of claim timely on June 30, 2023, to initiate a refile. however the defendant failed to request a hearing within the 90-day statutory time frame therefore the plaintiff was committed to refile the case without attaining a hearing that's according to section 5835
we'll take a look at that okay anything further
And the third, the prior written notice defense does not apply here. In Babu V, City of Buffalo, the Court of Appeals held that municipalities cannot invoke this defense when the defects or hazards were resulted from their own affirmative act of negligence. In this case, the defendant created those road hazards, therefore, made prior notice unnecessary. So this is a show that the plaintiff will comply with all statutory requirements. The issue here is the two, I mean, the load hazard. The first one is a nine inch street curb that exceeded the New York State DOT's safety limit six inch maximum by 50%. Also, over 30 imaging studies that he could have chose from before the accident between the cervical and lumbar spine, and none of that is addressed. And if we look at Dr. Landy's opinion, because I really don't think that this is a battle of the experts. Dr. Landy provides a one-sentence opinion that Ms. Simmons suffers prolonged symptoms from the accident. What is the injury? Was it her spine? Was it the cervical spine? Was it the lumbar spine? That very basic question of what the injury is was never answered. Miss Simmons had prolonged symptoms for well over a decade before this accident. So him simply saying she has symptoms and we don't dispute that. We don't dispute that she's significantly limited after the accident, but it's not causally related to this accident. So his opinion is completely deficient in that regard He also doesn talk about the nature and extent the duration what her limitations are He is completely silent as to all of that as is the entirety of their submission And actually, one of the affidavits submitted by plaintiff appellant was Dr. Mills that says, oh, she has a resolved spinal sprain. She has these subjective complaints, which she had long before this accident and there was no objective evidence to support any causally related injury to this accident. So even their submission that they submitted supports summary judgment in favor of the defense. I think the court really went through this in great detail and I think that they're finding that this case should be dismissed below. I think that should be affirmed. Thank you.
Thank you.
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