Appellate Division: Second Judicial Department

M95520

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2009-06014, 2009-06016, 2009-06017 The People, etc., respondent, v David Hardman, appellant. (Ind. Nos. 3888/06, 5543/06, 448/07)

DECISION & ORDER ON MOTION

Motion by counsel assigned to prosecute appeals from three judgments of the Supreme Court, Kings County, all rendered May 13, 2009, to be relieved and for the assignment of new counsel. The appellant's motion for leave to prosecute the appeals as a poor person and for assignment of counsel was granted on September 21, 2009, and the following named attorney was assigned as counsel to prosecute the appeals:

Steven Banks, Esq.

The Legal Aid Society

199 Water Street - 5th Floor

New York, New York 10038

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 appeals:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

and it is further,

ORDERED that upon service of a copy of this order 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 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.

SKELOS, J.P., DICKERSON, ENG and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court