Appellate Division: Second Judicial Department

M41495

A/sl

DANIEL F. LUCIANO, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

JOSEPH COVELLO, JJ.

2005-04587 The People, etc., respondent, v Marshall Schreter, appellant. (Ind. No. 1322-92)

DECISION & ORDER ON MOTION Motion Pro Se to Relieve Counsel of Assignment

Motion by the appellant pro se, inter alia, to relieve counsel assigned to prosecute an appeal from a resentence of the County Court, Suffolk County, imposed April 24, 2005, pursuant to chapter 738 of the Laws of 2004, for assignment of new counsel, and to withdraw the excessive sentence motion filed by assigned counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on July 15, 2005, and the following named attorney was assigned to prosecute the appeal:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the branches of the motion which are to relieve assigned counsel and for the assignment of new counsel are granted; previously 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 to prosecute the appeal:

Stanley E. Gelzinis, Esq.

149 Main Street

Huntington, New York 11743

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 pre-sentence 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; and it is further,

ORDERED that the branch of the motion which is to withdraw the excessive sentence motion filed by assigned counsel is granted, and the excessive sentence motion is deemed withdrawn; and it is further,

ORDERED that the motion is otherwise denied as academic; and it is further,

ORDERED that on the court's own motion the People's response to the excessive sentence motion is stricken with leave to refile a brief or response when the appellant's newly-assigned counsel perfects the appeal; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the Clerk of the court from which the appeal is taken.

LUCIANO, J.P., RIVERA, SPOLZINO and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court