Appellate Division: Second Judicial Department

M97266

S/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

HOWARD MILLER

RANDALL T. ENG, JJ.

2008-05017, 2010-00416 The People, etc., respondent, v Wilfredo Torres, appellant. (Ind. Nos. 07-00378, 07-00329)

DECISION & ORDER ON MOTION Motion by Counsel to be Relieved

On the court's own motion, it is

ORDERED that its decision and order on motion dated November 5, 2008, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by assigned counsel to be relieved of an assignment to prosecute appeals from two judgments of the County Court, Rockland County, both rendered April 29, 2008. The appellant's motion for leave to prosecute the appeals as a poor person and for assignment of counsel was granted on September 12, 2008, and the following named attorney was assigned as counsel to prosecute the appeals:

James Licata

Office of the Public Defender

11 New Hemstead Road

New City, New York 10956-3664

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:

Ellen O'Hara Woods, Esq.

10 Chestnut Oval

P.O. Box 82

Orangeburg, New York 10962

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 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.

FISHER, J.P., DILLON, MILLER and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

08-A-2385

Fishkill Corr. Fac.

P.O. Box 1245

Beacon, New York 12508