Appellate Division: Second Judicial Department

M124689

V/

MARK C. DILLON, J.P.

ANITA R. FLORIO

PLUMMER E. LOTT

JEFFREY A. COHEN, JJ.

2009-07450, 2010-02915 The People, etc., respondent, v Clifford Desir, appellant. (Ind. No. 8123/07)

DECISION & ORDER ON MOTION

Motion by assigned counsel to be relieved of the assignment to prosecute appeals from a judgment of the Supreme Court, Kings County, rendered July 27, 2009, and a resentence of the same court imposed February 25, 2010, and for the assignment of new counsel. By decision and order on motion dated December 21, 2009, as amended by decision and order on motion of this Court dated May 11, 2011, the appellant was granted poor person relief and the following named attorney was assigned as counsel to prosecute the appeals:

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 the former 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 as counsel to prosecute the appeals:

Beverly Van Ness, Esq.

74 Trinity Place - 11th Floor

New York, N.Y. 10006

and it is further,

ORDERED that upon service of a copy of this decision and order on motion 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 appellant's sentencing and resentencing, 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 appeals is enlarged; assigned counsel shall prosecute the appeals expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.) and written directions; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeals are taken.

DILLON, J.P., FLORIO, LOTT and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

Appellant's Address:

10-A-1136

Clinton Corr. Fac. - Annex

P.O. Box 2002

Dannemora, N.Y. 12929