People v. Singh
| Decision Date | 23 November 2022 |
| Docket Number | 2020–06163,Docket No. 74D/20 |
| Citation | 210 A.D.3d 1017,178 N.Y.S.3d 759 |
| Parties | The PEOPLE, etc., respondent, v. Gurbaksh SINGH, appellant. |
| Court | New York Supreme Court — Appellate Division |
210 A.D.3d 1017
178 N.Y.S.3d 759
The PEOPLE, etc., respondent,
v.
Gurbaksh SINGH, appellant.
2020–06163
Docket No. 74D/20
Supreme Court, Appellate Division, Second Department, New York.
Submitted—September 21, 2022
November 23, 2022
Joseph A. Hanshe, Sayville, NY, for appellant.
Anne T. Donnelly, District Attorney, Mineola, NY (Tammy J. Smiley of counsel; Matthew C. Frankel on the brief), for respondent.
MARK C. DILLON, J.P., LINDA CHRISTOPHER, WILLIAM G. FORD, JANICE A. TAYLOR, JJ.
DECISION & ORDER ON MOTION
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Teresa Corrigan, J.), rendered July 24, 2020, convicting him of disorderly conduct, upon his plea of guilty, and imposing sentence. Assigned counsel has submitted a brief in accordance with ( Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 ), in which he moves for leave to withdraw as counsel for the appellant.
ORDERED that the motion of Joseph A. Hanshe 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 Judah Maltz, 125–10 Queens Blvd., Suite 12, Kew Gardens, N.Y. 11415, is assigned as counsel to prosecute the appeal; and it is further,
ORDERED that the respondent is directed to furnish a copy of the certified transcript of the proceedings to the appellant's new assigned counsel; and it is further,
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 order dated July 29, 2020, the Supreme Court, Nassau County, granted an application pursuant to CPL 380.55 for poor person relief. By prior decision and order on motion dated August 28, 2020, this Court directed that the appeal...
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...( Van Der Velde v. New York Prop. Underwriting Assn., 205 A.D.3d 970, 970, 169 N.Y.S.3d 114 [internal quotation marks omitted]). "The 178 N.Y.S.3d 759 burden then shifts to the plaintiff to raise a question of fact as to whether the statute of limitations is tolled or is otherwise inapplica......