Appellate Division: Second Judicial Department

M107094

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2008-00971 The People, etc., respondent, v Denworth Davidson, appellant. (Ind. No. 161-05)

DECISION & ORDER ON MOTION

Motion by the appellant's retained counsel, Sonia Metellus, Esq., 86-13 75th Street, 2nd Floor, Woodhaven, New York 11421, for leave to withdraw as counsel on an appeal from a judgment of the Supreme Court, Queens County, rendered January 9, 2008. Separate motion by the appellant pro se to discharge retained counsel and for the assignment of counsel.

Upon the papers filed in support of the motions, no papers having been filed in opposition or in relation to retained counsel's motion, and the papers filed in opposition to the motion by the appellant pro se, it is

ORDERED that the motion by the appellant's retained counsel for leave to withdraw as counsel is granted; and it is further,

ORDERED that the branch of the motion by the appellant pro se which is to discharge retained counsel is denied as academic; and it is further,

ORDERED that the branch of the motion by the appellant pro se which is for the assignment of counsel is granted, and the former retained 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 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.

DILLON, J.P., BALKIN, LOTT and AUSTIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court