Appellate Division: Second Judicial Department

M159829

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2010-02715 The People, etc., respondent, v Leo H. Cummings, also known as Andrew Alicia, appellant. (Ind. No. 1074/04)

DECISION & ORDER ON MOTION

The appellant's motion to dispense with printing and for assignment of counsel on an appeal from a judgment of the County Court, Nassau County, rendered March 8, 2010, was granted on May 21, 2010. The following named attorney was assigned to prosecute the appeal:

Noel Ziegler, Esq.

P.O. Box 336

Woodbury, New York 11791

On the Court's own motion, it is

ORDERED that counsel previously assigned to prosecute the appeal is relieved of the assignment and is directed to turn over all papers in this action to new counsel herein assigned; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as new counsel to prosecute the appeal:

Jillian S. Harrington, Esq.

148 Madison Avenue, 11th Floor

New York, N.Y. 10016

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.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

10-A-1343

Downstate Corr. Fac.

Box F, Red Schoolhouse Road

Fishkill, N.Y. 12524