Appellate Division: Second Judicial Department

M35192

A/sl

HOWARD MILLER, J.P.

DANIEL F. LUCIANO

ROBERT J. LUNN

MARK C. DILLON, JJ.

2003-10962 The People, etc., respondent, v Arthur Tuten, appellant. (Ind. No. 8695/02)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered July 30, 2003. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on March 26, 2004, December 9, 2004, and October 26, 2005, and the following named attorney was assigned as counsel to prosecute the appeal:

Ronald G. Alexis, Esq.

Park W. Finance

P.O. Box 20741

New York, New York 10025

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:

David M. Epstein, Esq.

57 Worth Street - Suite 306

New York, New York 10013

and it is further,

ORDERED that upon service of a copy of this decision and order 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 defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

H. MILLER, J.P., LUCIANO, LUNN and ADAMS, concur.

ENTER:

James Edward Pelzer

Clerk of the Court