Appellate Division: Second Judicial Department

M42990

S/sl

THOMAS A. ADAMS, J.P.

DAVID S. RITTER

ROBERT J. LUNN

JOSEPH COVELLO, JJ.

2005-01787 The People, etc., respondent, v Pochly Jean-Baptiste, appellant. (Ind. No. 04-00069)

DECISION & ORDER ON MOTION

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Rockland County, rendered January 13, 2005. Separate motion by the appellant pro se to for the same relief. Motion by the respondent to dismiss the appeal as abandoned. The appellant's motion to dispense with printing and for assignment of counsel was granted on April 22, 2005, June 7, 2005, and August 25, 2005, and the following named attorney was assigned as counsel to prosecute the appeal:

Mary Zugibe, Esq.

51 Ridgefield Road

Warrick, New York 10990

Upon the papers filed in support of the motions and the papers filed in opposition or in relation thereto, it is

ORDERED that the motions by assigned counsel and the appellant pro se are 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:

Diane Selker, Esq.

P. O. Box 2368

Peekskill, New York 10566

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 (22 NYCRR 670.1, et seq.) and written directions; and it is further

ORDERED that the motion to dismiss the appeal is denied; and it is further,

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

ADAMS, J.P., RITTER, LUNN and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

05-A-0274

Clinton Corr. Fac.

Box 2000

Dannemora, New York 12929