Appellate Division: Second Judicial Department

M62922

F/

DAVID S. RITTER, J.P.

ANITA R. FLORIO

WILLIAM E. McCARTHY

THOMAS A. DICKERSON, JJ.

2007-00301 The People, etc., respondent, v Marcus Smith, appellant. (Ind. No. 05-01341)

DECISION & ORDER ON MOTION Motion Pro se to Relieve Counsel of Assignment

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Westchester County, rendered December 8, 2006, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on February 8, 2007, and the following named attorney was assigned to prosecute the appeal:

Kevin D. McLoone, Esq.

Hudson Valley Bank Building

35 E. Grassy Sprain Road - Suite 200

Yonkers, New York 10701

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted; previously 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 to prosecute the appeal:

Douglas T. Martino, Esq.

22 W. First Strret - Suite 306

Mt. Vernon, New York 10549-0159

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.

RITTER, J.P., FLORIO, McCARTHY, and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court