People v. Campbell

• Decision Date: 17 November 2021
• Docket Number: Ind. 19-00323,2019-10461,2019-10463
• Parties: The People, etc., respondent, v. Rasheed Campbell, appellant. S.C.I. No. 19-00579
• Court: New York Supreme Court

The People, etc., respondent,
v.
Rasheed Campbell, appellant.

S.C.I. No. 19-00579

Nos. 2019-10461, 2019-10463

Ind. No. 19-00323

Supreme Court of New York, Second Department

November 17, 2021

Submitted - September 29, 2021

D67808 M/afa

John De Chiaro, Larchmont, NY, for appellant.

Miriam E. Rocah, District Attorney, White Plains, NY (Raffaelina Gianfrancesco of counsel), for respondent (no brief filed).

MARK C. DILLON, J.P. ROBERT J. MILLER FRANCESCA E. CONNOLLY ANGELA G. IANNACCI DEBORAH A. DOWLING, JJ.

DECISION & ORDER ON MOTION

Appeals by the defendant from two judgments of the County Court, Westchester County (George E. Fufidio, Jr., J.), both rendered July 23, 2019, convicting him of criminal possession of stolen property in the third degree and assault in the second degree under Indictment No. 19-00323, and criminal possession of stolen property in the third degree under Superior Court Information No. 19-00579, upon his pleas of guilty, and imposing sentences. Assigned counsel has submitted a brief in accordance with Anders v California (386 U.S. 738), in which he moves for leave to withdraw as counsel for the appellant.

ORDERED that the motion of John De Chiaro for leave to withdraw as counsel for the appellant is granted, and he is directed to turn over all papers in his possession to new counsel assigned herein; and it is further, ORDERED that Jason M. Bernheimer, 400 Columbus Avenue, Suite 100S, Valhalla, NY 10595, is assigned as counsel to prosecute the appeals; and it is further, ORDERED that the respondent is directed to furnish a copy of the certified transcript of the proceedings to new assigned counsel; and it is further,

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ORDERED that new counsel shall serve and file a brief on behalf of the appellant within 90 days of the date of this decision and order on motion, and the respondent shall serve and file its brief within 30 days after the brief on behalf of the appellant is served and filed. By prior decision and order on motion of this Court dated November 20, 2019, the appellant was granted leave to prosecute the appeals as a poor person, with the appeals to be heard on the original papers (including a certified transcript of the proceedings) and on the briefs of the parties. The parties 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 (see 22 NYCRR 670.9[a]).

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