Appellate Division: Second Judicial Department

M141312

V/

REINALDO E. RIVERA, J.P.

RANDALL T. ENG

PLUMMER E. LOTT

ROBERT J. MILLER, JJ.

2012-01209 The People, etc., respondent, v Jose Pagan, appellant. (Ind. No. 177/99)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a resentence of the Supreme Court, Kings County, imposed January 24, 2012, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on April 16, 2012, and the following named attorney was assigned to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

2 Rector Street - 10th Floor

New York, New York 10006

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:

Eli Koppel, Esq.

110 Wall Street, 11th Floor

New York, N.Y. 10005

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 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., ENG, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

00-A-0909

Green Haven Corr. Fac.

P.O. Box 4000

Stormville, N.Y. 12582