Appellate Division: Second Judicial Department

M141327

V/

DANIEL D. ANGIOLILLO, J.P.

THOMAS A. DICKERSON

ARIEL E. BELEN

CHERYL E. CHAMBERS, JJ.

2009-05349 The People, etc., respondent, Milton Silvels, appellant. (Ind. No. 2141-08)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered April 17, 2009, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on November 23, 2009, and the following named attorney was assigned to prosecute the appeal:

Jason Bassett, Esq.

320 Carlton Avenue - Suite 4200

Central Islip, N.Y. 11722

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:

Richard L. Herzfeld, Esq.

104 W. 40th Street, 20th Floor

New York, N.Y. 10018

212-818-9019

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.

ANGIOLILLO, J.P., DICKERSON, BELEN and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

09-A-2215

Mid-State Corr. Fac.

P.O. Box 2500

Marcy, N.Y. 13403