Appellate Division: Second Judicial Department

M83719

E/cb

ROBERT A. SPOLZINO, J.P.

DAVID E. RITTER

HOWARD MILLER

RUTH C. BALKIN, JJ.

2007-08347 The People, etc., respondent, v Stanley Brewer, appellant. (Ind. No. 06-00222)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Westchester County, rendered August 2, 2007. By decision and order on motion dated October 15, 2008, the following named attorney was assigned as counsel to prosecute the appeal:

Peter David, Esq.

PO Box 2467

Mt. Vernon, New York 10550

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 prosecute the appeal:

Charles O. Lederman, Esq.

15 Avondale Road

White Plains, NY 10605

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 presentence 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.

SPOLZINO, J.P., RITTER, MILLER and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court