Appellate Division: Second Judicial Department

M167798

E/mv

REINALDO E. RIVERA, J.P.

MARK C. DILLON

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2011-00912, 2012-02400 The People, etc., respondent, v Phillip Martinez, appellant. (Ind. No. 2109/10)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for the assignment of counsel to prosecute appeals from a judgment of the County Court, Nassau County, rendered December 13, 2010, and an amended judgment of the same court rendered February 14, 2012. By decision and order on motion of this Court dated March 1, 2012, the appellant was granted poor person relief and counsel was assigned in connection with the appeal from the judgment rendered December 13, 2010. By decision and order on motion of this Court dated December 10, 2012, assigned counsel was relieved, the appellant was granted poor person relief in connection with the appeal from the amended judgment rendered February 14, 2012, and the appellant was granted leave to prosecute the appeals pro se, without prejudice to obtaining new counsel, if he be so advised.

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 pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeals:

Thomas R. Villecco, Esq.

366 North Broadway, Suite 410

Jericho, N.Y. 11753

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 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 appeals; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that upon service of a copy of this order 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 in or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.

RIVERA, J.P., DILLON, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

12-R-3524

Marcy Corr. Fac.

Box 3600

Marcy, N.Y. 13402