Appellate Division: Second Judicial Department

M70767

J/sl

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2007-07496, 2007-07497 The People, etc., respondent, v Femi Ayodele, appellant. (Ind. Nos. 2523-05, 2239-06)

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

On the court's own motion, it is

ORDERED that its decision and order on motion dated April 21, 2008, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant pro se to relieve counsel assigned to prosecute appeals from two judgments of the County Court, Suffolk County, both rendered May 17, 2007, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on October 24, 2007, and the following named attorney was assigned to prosecute the appeals:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

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 appeals:

Steven Feldman, Esq.

626 Reckson Plaza

West Tower - 6th Floor

Uniondale, New York 11556

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 appeals is enlarged; assigned counsel shall prosecute the appeals expeditiously in accordance with this court's rules (see 22 NYCRR 670.1 et seq.) and written directions.

RIVERA, J.P., SANTUCCI, ENG, and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court