Appellate Division: Second Judicial Department

M157060

E/mv

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

JOHN M. LEVENTHAL

SANDRA L. SGROI, JJ.

2012-03683 The People, etc., respondent, v Allen Sirico, appellant. (Ind. No. 3025-08)

DECISION & ORDER ON MOTION

Motion by Robert C. Mitchell to be relieved as counsel for the appellant on an appeal from a judgment of the County Court, Suffolk County, rendered February 14, 2012, and for the assignment of new counsel. By decision and order on motion of this Court dated June 7, 2012, the appellant was granted poor person relief and the following named attorney was assigned as counsel to prosecute the appeal:

Robert C. Mitchell, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

Upon the papers filed in support of the motion and the papers filed 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 appeal:

Steven A. Feldman, Esq.

626 RXR Plaza

West Tower, 6th Floor

Uniondale, N.Y. 11556

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 appellant 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 in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; 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 appeal is taken.

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

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

12-R-0582

Livingston Corr. Fac.

P.O. Box 91

Sonyea, N.Y. 14556