Appellate Division: Second Judicial Department

M92157

E/sl

MARK C. DILLON, J.P.

RANDALL T. ENG

ARIEL E. BELEN

L. PRISCILLA HALL, JJ.

2008-07702 The People, etc., respondent, v Lorenzo Lobban, appellant. (Ind. No. 1977/05)

DECISION & ORDER ON MOTION

Motion by assigned counsel to be relieved of the assignment to prosecute an appeal from an order of the County Court, Nassau County, dated June 9, 2008, and for the assignment of new counsel. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on June 2, 2009, and the following named attorney was assigned as counsel to prosecute the appeal:

Dale Frederick, Esq.

215 Hilton Avenue

P.O. Box 1200

Hempstead, New York 11551

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:

Bruce Bekritsky, Esq.

1551 Kellum Place

Mineola, New York 11501

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.

DILLON, J.P., ENG, BELEN and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court