Appellate Division: Second Judicial Department

M64497

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

HOWARD MILLER

EDWARD D. CARNI, JJ.

2005-09645 The People, etc., respondent, v Jannel Nesbitt, appellant. (Ind. No. 209/05)

DECISION & ORDER ON MOTION

Motion by counsel assigned to prosecute an appeal from a judgment of the County Court, Nassau County, rendered September 28, 2005, which was determined by decision and order of this court dated June 26, 2007, to be relieved and for the assignment of new counsel to make any additional motions or applications deemed necessary, including a motion for leave to appeal to the Court of Appeals from the decision and order of this court dated June 26, 2007. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on April 18, 2006, and the following named attorney was assigned as counsel to prosecute the appeal:

Joseph R. Faraguna, Esq.

P.O. Box 122

Sag Harbor, New York 11963

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 make any additional motions or applications deemed necessary, including a motion for leave to appeal to the Court of Appeals from the decision and order of this court dated June 26, 2007:

Michael A. Fiechter, Esq.

114 Goldie Avenue

N. Bellmore, New York 11710

PRUDENTI, P.J., MASTRO, MILLER and CARNI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court