Appellate Division: Second Judicial Department

M45421

F/

GABRIEL M. KRAUSMAN, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

ROBERT A. LIFSON, JJ.

2005-11093 The People, etc., respondent, (Ind. No. 05-00352)

DECISION & ORDER ON MOTION Motion to Assign Counsel v Robert Ramirez, appellant.

Motion by the appellant pro se for assignment of counsel on an appeal from a judgment of the County Court, Orange County, rendered November 3, 2005.

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 it is further,

ORDERED that pursuant to statute (County Law § 722), the following named attorney is assigned as counsel to prosecute the appeal:

Richaed L. Herzfeld, Esq.

555 Fifth Avenue - 14th Floor

New York, New York 10017

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 in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal. Such access shall include permission to copy the papers insofar as they pertain to the appellant; 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 in the event an issue as to the legality, propriety or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that when the assigned counsel serves his brief on the District Attorney, he shall also serve his copy of the minutes on the District Attorney.

By prior order of this court dated April 12, 2006, the appellant was granted poor person relief on the appeal, he was granted leave to dispense with printing and the Clerk of the trial court was directed to furnish appellant's counsel with a copy of the stenographic minutes, without charge.

KRAUSMAN, J.P., RIVERA, SPOLZINO, and LIFSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

05 A 5674

Watertown Corr. Fac.

Box 168

Watertown, New York 13601