Appellate Division: Second Judicial Department

M128471

T/mv

DANIEL D. ANGIOLILLO, J.P.

ANITA R. FLORIO

ARIEL E. BELEN

SHERI S. ROMAN, JJ.

2006-05893 The People, etc., respondent, v Racca Nelson, appellant. (Ind. No. 5127/04)

DECISION & ORDER ON MOTION

Renewed motion by Ramon A. Pagan, retained counsel for the appellant, for leave to withdraw as counsel on an appeal from a judgment of the Supreme Court, Kings County, rendered June 1, 2006, and for the assignment of new counsel to represent the appellant on the appeal. Separate motion by the appellant pro se for the assignment of new counsel.

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

ORDERED that the motions are granted, and Ramon A. Pagan, 2116 Williamsbridge Road, Bronx, New York 10461, is directed to turn over the transcripts 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 appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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 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 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; and it is further,

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

ANGIOLILLO, J.P., FLORIO, BELEN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court