Appellate Division: Second Judicial Department

M119997

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

L. PRISCILLA HALL

SANDRA L. SGROI, JJ.

2009-09443 The People, etc., respondent, v Tahir Naqvi, appellant. (Ind. No. 2848/06)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve counsel to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered September 24, 2009, to substitute retained counsel, and to continue his status as a poor person. The appellant's motion to dispense with printing and for assignment of counsel was granted on December 21, 2009, and the following named attorney was assigned as counsel to prosecute the appeal:

Steven Banks, Esq.

The Legal Aid Society

199 Water Street - 5th Floor

New York, New York 10038

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted; and said assigned counsel is directed to turn over all papers in the action to retained counsel:

Richard M. Langone, Esq.

Langone & Associates, PLLC

3601 Hempstead Turnpike, Suite 410

Levittown, New York 11756

and it is further,

ORDERED that the appellant's poor person status is continued; 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 retained 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 in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if retained 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,

ORDERED that the appellant's time to perfect the appeal is enlarged. Retained counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that retained counsel is directed to serve a copy of this order upon the Clerk of the Court from which the appeal is taken.

SKELOS, J.P., DICKERSON, HALL and SGROI, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court