Appellate Division: Second Judicial Department

M68710

E/sl

FRED T. SANTUCCI, J.P.

ANITA R. FLORIO

MARK C. DILLON

ARIEL E. BELEN, JJ.

2006-02549 The People, etc., respondent, v Gerry Haynes, appellant. (Ind. No. 2809/04)

DECISION & ORDER ON MOTION

Motion by Lynn W. L. Fahey, counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered January 24, 2006, for leave to withdraw the appeal. Application by the appellant pro se to relieve counsel assigned to prosecute the appeal and for the assignment of new counsel.

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

ORDERED that the motion is denied; and it is further,

ORDERED that the application 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:

Daniel Guttman, Esq.

25 W. Main Street

Smithtown, New York 11787

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.

SANTUCCI, J.P., FLORIO, DILLON and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court