Appellate Division: Second Judicial Department

M102083

E/sl

PETER B. SKELOS, J.P.

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL

SHERI S. ROMAN, JJ.

2010-00269 The People, etc., respondent, v Jose Batista, appellant. (Ind. No. 09-00074)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel to be relieved of the assignment to prosecute an appeal from a judgment of the County Court, Rockland County, rendered December 9, 2009, and for the assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on March 11, 2010, and the following named attorney was assigned to prosecute the appeal:

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; 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:

Edward Cigna, Esq.

50 Route 9W

Stony Point, New York 10980

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 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 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.

SKELOS, J.P., ANGIOLILLO, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

09-R-4094

Mohawk Corr. Fac.

6100 School Road, P.O. Box 8451

Rome, New York 13442-8451