Appellate Division: Second Judicial Department

M61345

E/nl

STEPHEN G. CRANE, J.P.

ANITA R. FLORIO

ROBERT A. LIFSON

WILLIAM E. McCARTHY, JJ.

2005-10936 The People, etc., respondent, v Andre Jenkins, appellant. (Ind. No. 215-04)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from a judgment of the County Court, Suffolk County, rendered October 3, 2005, for the assignment of counsel to prosecute the appeal. The appellant's motion for poor person relief was granted by decision and order on motion dated June 16, 2006.

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

ORDERED that the motion is granted, the appellant's former retained counsel is directed to turn over all papers in the action to counsel herein assigned; and it is further,

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

Matthew Muraskin, Esq.

1772 Jericho Turnpike East, Suite 2

Huntington, New York 11743

and it is further,

ORDERED that upon service of a copy of this decision and order on motion 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.

CRANE, J.P., FLORIO, LIFSON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court