Appellate Division: Second Judicial Department

M36115

S/sl

FRED T. SANTUCCI, J.P.

GABRIEL M. KRAUSMAN

REINALDO E. RIVERA

STEVEN W. FISHER, JJ.

2006-00376 The People, etc., respondent, v Abraham Decclesis, appellant. (Ind. No. 02-00368)

ORDER TO SHOW CAUSE

Application by the defendant pursuant to CPL 450.15 and 460.15 for a certificate granting leave to appeal to this court from an order of the Supreme Court, Westchester County, dated November 2, 2005, which determined his motion pursuant to chapter 738 of the Laws of 2004, to reduce his sentence, and, in effect, for leave to prosecute the appeal as a poor person and for the assignment of counsel.

Upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that the application is denied as unnecessary as the order is appealable as of right (see L 204, Ch 238, § 23); and it is further,

ORDERED that the defendant's moving papers are deemed to be a timely notice of appeal from the order dated November 2, 2005; and it is further,

ORDERED that the branch of the application which is, in effect, for leave to prosecute the appeal as a poor person and for the assignment of counsel is granted, and the following attorney is assigned as counsel to represent the defendant on the appeal:

Beverly Van Ness, Esq.

114 Roebling Street

Brooklyn, New York 11211

and it is further,

ORDERED that the parties are directed to show cause why an order should or should not be made and entered summarily affirming the order dated November 2, 2005, on the ground that pursuant to the defendant's certificate of conviction (see CPL 60.60), a copy of which is attached hereto, the defendant does not stand convicted of a class A-I felony, and therefore is not subject to the provisions of the statute (see L 204, Ch 738), by filing an affirmation or affidavit on that issue with the Clerk of this court; the District Attorney shall serve and file its affirmation on or before May 22, 2006, and the appellant shall serve and file his affirmation on or before July 24, 2006; and it is further,

ORDERED that the District Attorney is directed to provide the appellant's counsel with copies of all papers submitted to the Supreme Court, Westchester County, which resulted in the order dated November 2, 2005; and it is further,

ORDERED that the Clerk of this court, or his designee, is directed to serve a copy of this order to show cause upon the defendant by ordinary mail pursuant to CPL 470.60(2), at his last known place of residence or, if he is imprisoned, at the institution in which he is confined, and by regular mail upon the attorney herein assigned to represent the defendant and upon the District Attorney.

SANTUCCI, J.P., KRAUSMAN, RIVERA and FISHER, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court