Appellate Division: Second Judicial Department

M53275

T/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

MARK C. DILLON

JOSEPH COVELLO, JJ.

2005-10921 The People, etc., respondent, v Joaquin Winfield, appellant. (Ind. No. 250-97)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

The appellant's motion to dispense with printing and for assignment of counsel on an appeal from a resentence of the County Court, Suffolk County, imposed November 2, 2005, pursuant to chapter 738 of the Laws of 2004, was granted on May 15, 2006. The following named attorney was assigned to prosecute the appeal:

Rachel G. Kerdman, Esq.

7 Cornell Court South

Smithtown, New York 11787

On the court's own motion, it is

ORDERED that counsel previously assigned to prosecute the appeal is relieved of the assignment and is directed to turn over all papers in this action to new counsel herein assigned; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as new counsel to prosecute the appeal:

Harold I. Guberman, Esq.

33 Walt Whitman Rd., Suite 132

Huntington, New York 11746

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.

RIVERA, J.P., FLORIO, DILLON and COVELLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court