Appellate Division: Second Judicial Department

M54462

S/sl

ROBERT W. SCHMIDT, J.P.

REINALDO E. RIVERA

JOSEPH COVELLO

RUTH C. BALKIN, JJ.

2006-09318 People of State of New York, respondent, v Edward L. Stevens, Jr., appellant.

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved of Assignment

On the court's own motion, it is

ORDERED that its decision and order on motion dated February 15, 2007, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by assigned counsel to be relieved of an assignment to prosecute an appeal from a determination of the County Court, Dutchess County, issued pursuant to Correction Law § 168-n, dated August 28, 2006. The appellant was assigned counsel in the County Court, Dutchess County, and the following named attorney was assigned as counsel: David Goodman, Dutchess County Public Defender, 22 Market Street, Poughkeepsie, New York, 12601.

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 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:

Bruce A. Petito, Esq.

222 Church Street

Poughkeepsie, New York 12601

and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any hearing held in connection with the determination dated August 28, 2006, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; 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 or considered by the trial court in connection with the appellant's risk level determination, including the recommendation sheet and any prior reports on the appellant 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 perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]), and by serving and filing his brief on the appeal on or before September 19, 2007; 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.

SCHMIDT, J.P., RIVERA, COVELLO, and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court