Appellate Division: Second Judicial Department

M137073

V/

REINALDO E. RIVERA, J.P.

MARK C. DILLON

RANDALL T. ENG

SANDRA L. SGROI, JJ.

2008-09683 The People, etc., respondent, v Shawn T. Cephas, appellant. (Ind. No. 07-01764)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered October 1, 2008, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on May 4, 2009, and the following named attorney was assigned to prosecute the appeal:

Judith Berger-Eforo, Esq.

P.O. Box 503

White Plains, N.Y. 10602

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

ORDERED that the 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:

Mark Diamond, Esq.

Box 287356

Yorkville Station

New York, N.Y. 10128

and it is further,

ORDERED that upon service of a copy of this decision and 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.

RIVERA, J.P., DILLON, ENG and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

08-A-5398

Washington Corr Fac.

72 Lock 11 Lane

P.O. Box 180

Comstock, N.Y. 12821