Appellate Division: Second Judicial Department

M107223

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

LEONARD B. AUSTIN, JJ.

2009-04140 The People, etc., respondent, v Tyrone Gantt, also known as "F. R.", appellant. (Ind. No. 145/08)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered March 17, 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 August 26, 2009, and the following named attorney was assigned to prosecute the appeal:

David Goodman, Esq.

Public Defender

22 Market Street

Poughkeepsie, New York 12601

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:

Carol Kahn, Esq.

225 Broadway, Suite 1510

New York, New York

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.

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

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's Address:

05-A-5830

Elmira Corr. Fac.

P.O. Box 500

Elmira, New York 14902-0500