Appellate Division: Second Judicial Department

M106346

E/sl

PETER B. SKELOS, J.P.

FRED T. SANTUCCI

JOHN M. LEVENTHAL

LEONARD B. AUSTIN, JJ.

2008-07244 The People, etc., respondent, v Jin Cheng Lin, appellant. (Ind. No. 1705/05)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se for the assignment of counsel to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered July 14, 2008. The appellant's motion for leave to dispense with printing and for a copy of the typewritten transcripts of the stenographic minutes, without charge, was granted on March 30, 2009.

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 it is further,

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

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 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; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.

SKELOS, J.P., SANTUCCI, LEVENTHAL and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

08-A-5347

Elmira Corr. Fac.

P.O. Box 500

Elmira, New York 14902