Appellate Division: Second Judicial Department

M44627

F/nl

A. GAIL PRUDENTI, P.J.

ANITA R. FLORIO

HOWARD MILLER

ROBERT W. SCHMIDT

THOMAS A. ADAMS, JJ.

2006-02793, 2006-02795 The People, etc., respondent, v Eddie Rodriguez, appellant. (Ind. Nos. 1322/03, 420/04)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by assigned counsel to be relieved of an assignment to prosecute appeals from two judgments of the Supreme Court, Queens County, both rendered March 15, 2006. The appellant's motion for leave to prosecute the appeals as a poor person and for assignment of counsel was granted on August 1, 2006, and the following named attorney was assigned as counsel to prosecute the appeals:

Sally Wasserman, Esq.

352 Seventh Avenue - 11th Floor

New York, New York 10001

Upon the papers filed in support of the motion and no papers having been filed in opposition or 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 appeals:

Daniel Guttman, Esq.

25 W. Main Street

Smithtown, New York 11787

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 appeals is enlarged; assigned counsel shall prosecute the appeals expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

PRUDENTI, P.J., FLORIO, MILLER, SCHMIDT and ADAMS, concur.

ENTER:

James Edward Pelzer

Clerk of the Court