Appellate Division: Second Judicial Department

M110519

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

STEVEN W. FISHER, JJ.

2008-03343 People of State of New York, respondent, v Jesus Perez, appellant.

DECISION & ORDER ON MOTION

Appeal by Jesus Perez from an order of the County Court, Dutchess County, dated April 8, 2008. The appellant's motion for leave to prosecute the appeal as a poor person, and for assignment of counsel was denied as unnecessary by decision and order on motion dated August 15, 2008, and the following named attorney continued to represent the appellant on the appeal:

David Goodman, Esq.

Public Defender

22 Market Street

Poughkeepsie, New York 12601

Now, on the Court's own motion, it is

ORDERED that counsel previously assigned is relieved of the assignment to prosecute the appeal 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:

Yasmin Daley-Duncan, Esq.

5316 Avenue I, Ground Floor

Brooklyn, New York 11234

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 appellant's risk level determination, including the recommendation sheet and any prior reports on the appellant 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.

PRUDENTI, P.J., MASTRO, RIVERA, SKELOS and FISHER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court