People v. Wolfe

Citation152 N.Y.S.3d 621 (Mem),198 A.D.3d 822
Decision Date13 October 2021
Docket Number2017-12245,Ind. No. 69/17
Parties The PEOPLE, etc., respondent, v. Brian WOLFE, appellant.
CourtNew York Supreme Court Appellate Division

198 A.D.3d 822
152 N.Y.S.3d 621 (Mem)

The PEOPLE, etc., respondent,
v.
Brian WOLFE, appellant.

2017-12245
Ind.
No. 69/17

Supreme Court, Appellate Division, Second Department, New York.

Submitted—September 9, 2021
October 13, 2021


Thomas N.N. Angell, Poughkeepsie, N.Y. (Steven Levine of counsel), for appellant, and appellant pro se.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller and Kirsten A. Rappleyea of counsel), for respondent.

HECTOR D. LASALLE, P.J., REINALDO E. RIVERA, COLLEEN D. DUFFY, WILLIAM G. FORD, JJ.

DECISION & ORDER ON MOTION

Appeal by the defendant from a judgment of the County Court, Dutchess County ( Edward T. McLoughlin, J.), rendered October 2, 2017, convicting him of course of sexual conduct against a child in the first degree, 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 Thomas N.N. Angell for leave to withdraw as counsel is granted, and he is directed to turn over all papers in his possession to the appellant's new counsel assigned herein; and it is further,

ORDERED that Salvatore C. Adamo, 1345 Avenue of the Americas, 2nd Floor, New York, N.Y. 10105, 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 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 February 8, 2018, the appellant was granted leave to prosecute the appeal as a poor person, with the appeal to be heard on the original papers (including a certified transcript of the proceedings) and on the briefs of the parties....

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