Appellate Division: Second Judicial Department

M85209

E/cb

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

RANDALL T. ENG

ARIEL E. BELEN, JJ.

2007-10179 People of State of New York, respondent, v Albert Campbell, appellant

DECISION & ORDER ON MOTION

Motion by Laurie S. Hershey, Esq., to be substituted as retained counsel, in place of assigned counsel, to prosecute an appeal from an order of the County Court, Suffolk County, dated October 19, 2007, to continue the appellant's poor person status, and to enlarge the time to perfect the appeal. Pursuant to Correction Law § 168-n (3), the appellant's status as a poor person was continued and the following counsel assigned to represent him before the County Court, Suffolk County, continued to represent him on the appeal:

Robert C. Mitchell, Esq.

Legal Aid Society

300 Center Drive, P.O. Box 1697

Riverhead, New York 11901-0960

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

ORDERED that the branch of the motion which is to substitute retained counsel for assigned counsel is granted, and the following retained counsel is substituted for assigned counsel:

Laurie S. Hershey, Esq.

222 Park Avenue

Manhasset, New York 11030

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 retained counsel with a copy of the presentence report prepared in connection with or considered by the trial court in connection with the appellant's risk level determination, including the recommendation sheet and any prior reports on the appellant which are incorporated or referred to in the report; and it is further,

ORDERED that the branch of the motion which is to continue the appellant's poor person status is denied with leave to renew on or before May 14, 2009, upon proper papers, including the appellant's affidavit setting forth the appellant's full financial situation including all assets, both real and personal, as well as any and all sources of income and expenses, and the amount and source of counsel fees paid to retained appellate counsel; and it is further,

ORDERED that assigned counsel is directed to turn over all papers in the action, including any transcripts he may have obtained, to the Clerk of this court; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted. Retained counsel shall prosecute the appeal expeditiously in accordance with this court's rules (22 NYCRR 670.1, et seq.) and written directions.

RIVERA, J.P., ANGIOLILLO, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court