Appellate Division: Second Judicial Department

M111747

E/sl

JOSEPH COVELLO, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

ARIEL E. BELEN, JJ.

2009-07675 The People, etc., respondent, v Josh Williams, appellant. (Ind. No. 653-09)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel for leave to withdraw the appellant's brief and file a replacement brief on an appeal from a judgment of the County Court, Suffolk County, rendered July 8, 2009. Separate motion by the appellant pro se to relieve counsel assigned to prosecute the appeal and for the assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on November 23, 2009, and the following named attorney was assigned to prosecute the appeal:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

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

ORDERED that the branch of assigned counsel's motion which is for leave to withdraw the appellant's brief is granted, that brief is deemed withdrawn, and the respondent's brief is stricken; and it is further,

ORDERED that assigned counsel's motion is otherwise denied; and it is further,

ORDERED that the appellant pro se's 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:

Salvatore C. Adamo, Esq.

350 Fifth Avenue, 59th Floor

New York, New York 10118

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.

COVELLO, J.P., ANGIOLILLO, DICKERSON and BELEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

Appellant's Address:

09-A-3757

Arthur Kill Corr. Fac.

2911 Arthur Kill Road

Staten Island, New York 10309-1197