Appellate Division: Second Judicial Department

M85169

T/cb

PETER B. SKELOS, J.P.

STEVEN W. FISHER

MARK C. DILLON

WILLIAM E. McCARTHY, JJ.

2005-05321 The People, etc., respondent, v James Murray, appellant. (Ind. No. 121/03)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated March 6, 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 an appeal from a judgment of the Supreme Court, Kings County, rendered December 7, 2004, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on July 23, 2007, and the following named attorney was assigned to prosecute the appeal:

Martin Goldberg, Esq.

50 Court Street - Suite 702

Brooklyn, New York 11201

Upon the papers filed in support of the motion and the papers filed in opposition 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 appeal:

Craig S. Leeds, Esq.

350 5th Avenue - Suite 3304

New York, New York 10118

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 on the court's own motion, the brief filed by previously assigned counsel and the respondent's brief are stricken, and assigned counsel shall expeditiously either serve and file a replacement brief raising any issues he chooses or serve and file a brief in accordance with Anders v California (386 US 738); and it is further,

ORDERED that newly assigned counsel shall serve a copy of this order on the Clerk of the court from which the appeal was taken.

SKELOS, J.P., FISHER, DILLON and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court