Appellate Division: Second Judicial Department

M151045

V/

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

THOMAS A. DICKERSON

SYLVIA HINDS-RADIX, JJ.

2012-03517, 2012-03518 The People, etc., respondent, v Edward Brims, appellant. (Ind. Nos. 11-00007, 11-00342)

DECISION & ORDER ON MOTION

Motion by assigned counsel to be relieved of the assignment to prosecute appeals from two judgments of the Supreme Court, Rockland County, both rendered April 5, 2012, and for the assignment of new counsel. The appellant's motion for leave to prosecute the appeals as a poor person and for assignment of counsel was granted on November 9, 2012, and the following named attorney was assigned as counsel to prosecute the appeals:

James Licata

Office of the Public Defender

11 New Hemstead Road

New City, New York 10956-3664

Upon the papers filed in support of the motion and no papers having been filed in opposition or 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:

Salvatore Adamo, Esq.

350 Fifth Avenue - 59th Floor

New York, N.Y. 10118

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 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 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., ANGIOLILLO, DICKERSON and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

12-A-1648

Five Points Corr. Fac.

State Route 96

Romulus, N.Y. 14541