Appellate Division: Second Judicial Department

M119419

E/sl

JOSEPH COVELLO, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2010-08388 The People, etc., respondent, v Michel Moores, also known as Dorion Jackson, appellant. (Ind. No. 2836-03)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated March 2, 2011, in the above-entitled matter, on an appeal from an order of the County Court, Suffolk County, dated August 3, 2010, issued pursuant to CPL 440.46, is amended, by adding thereto, after the fifth decretal paragraphs, the following paragraphs:

"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 resentencing, 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 in the event an issue as to the legality, propriety, or excessiveness of the resentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney's office prior to the filing of such brief or motion; and it is further,"

COVELLO, J.P., DICKERSON, HALL and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court