Appellate Division: Second Judicial Department

M60759

S/sl

A. GAIL PRUDENTI, P.J.

REINALDO E. RIVERA

GLORIA GOLDSTEIN

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2005-00891 The People, etc., respondent, v Monie Jackson, appellant. (Ind. No. 2724/98)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel

Appeal by the defendant, by permission, from an order of the Supreme Court, Queens County, dated September 30, 2004. By decision and order on motion dated July 25, 2005, this Court granted the appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel. The appellant's assigned counsel filed an excessive sentence motion on June 23, 2006, raising issues relating to the underlying judgment of conviction rendered February 2, 1999; the People filed a response on July 10, 2006; the defendant filed a supplemental pro se brief on October 11, 2006; and the People filed a brief in response to the supplemental brief on March 15, 2007.

Now, on the Court's own motion, it is

ORDERED that the decision and order on motion dated July 25, 2005, is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by the appellant pro se for leave to prosecute an appeal from an order of the Supreme Court, Queens County, dated September 30, 2004, issued pursuant to CPL 440.30, as a poor person, and for the assignment of counsel.

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 the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

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

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 assigned counsel shall serve and file a brief raising issues in connection with the order dated September 30, 2004, on or before January 4, 2008; and it is further,

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

On the Court's own motion, it is

ORDERED that the excessive sentence motion filed by assigned counsel, the People's response thereto, the appellant's supplemental pro se brief, and the People's brief in response to the supplemental brief, are stricken.

PRUDENTI, P.J., RIVERA, GOLDSTEIN, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court