Appellate Division: Second Judicial Department

M167286

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

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

DECISION & ORDER ON MOTION

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

Eli Koppel, Esq.

110 Wall Street, 11th Floor

New York, N.Y. 10005

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:

Harvey Herbert, Esq.

142 Joralemon Street, Suite #8C

Brooklyn, N.Y. 11201

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:

00-A-0909

Woodbourne Corr. Fac.

99 Prison Road

P.O. Box 1000

Woodbourne, N.Y. 12788