Appellate Division: Second Judicial Department

M104894

S/sl

STEVEN W. FISHER, J.P.

L. PRISCILLA HALL

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2010-03555 The People, etc., respondent, v Richard Ortiz, appellant. (Ind. No. 2788/04)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel

The appellant's motion to dispense with printing and for assignment of counsel on an appeal from a resentence of the Supreme Court, Kings County, imposed April 1, 2010, was granted on May 21, 2010. The following named attorney was assigned to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

On the court's own motion, it is

ORDERED that counsel previously assigned to prosecute the appeal is relieved of the assignment and is directed to turn over all papers in this action to new counsel herein assigned; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as new counsel to prosecute the appeal:

Steven Banks, Esq.

Legal Aid Society

199 Water Street, 5th Floor

New York, New York, 10038

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 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.

FISHER, J.P., HALL, AUSTIN and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court