Appellate Division: Second Judicial Department

M169911

V/

RANDALL T. ENG, P.J.

RUTH C. BALKIN

SANDRA L. SGROI

JEFFREY A. COHEN, JJ.

2012-04035 People of State of New York, respondent, v Benjamin Simmons, appellant.

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the defendant in the County Court in connection with proceedings pursuant to Corrections Law § 168-n(3) to be relieved and to assign new counsel to prosecute an appeal from an order of the County Court, Nassau County, dated March 20, 2012.

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 assigned counsel, Kent V. Moston, Esq.

Attorney in Charge, Criminal Div., Legal Aid Society of Nassau County, 1 Helen Keller Way, Hempstead, New York 11550, is relieved 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:

Thomas R. Villecco, Esq.

366 North Broadway, Suite 410

Jericho, N.Y. 11753

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 pre-sentence report prepared in connection with or considered by the trial court in connection with the appellant's risk level determination, 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.,BALKIN, SGROI and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court