Appellate Division: Second Judicial Department

M171021

E/sl

RANDALL T. ENG, P.J.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

COLLEEN D. DUFFY, JJ.

2013-05269 The People, etc., respondent, v Christopher Robinson, appellant. (Ind. No. 94/12)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Nassau County, rendered April 17, 2013, to substitute retained counsel, and to enlarge the time to perfect the appeal. By decision and order on motion of this Court dated August 29, 2013, the appellant was granted poor person relief and by decision and order on motion of this Court dated January 24, 2014, the following named attorney was assigned as counsel to prosecute the appeal:

Martin Goldberg, Esq.

672 Dogwood Avenue, #183

Franklin Square, N.Y. 11010

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 following named attorney is substituted as retained counsel on the appeal:

Papa Depaola and Brounstein

42-40 Bell Boulevard

Bayside, New York 11361

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 retained counsel with a copy of the presentence report prepared in connection with the appellant'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; retained 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 on the Court's own motion, so much of the decision and order on motion of this Court dated August 29, 2013, as granted poor person relief to the appellant is recalled and vacated, that branch of the appellant's motion is denied, and former assigned counsel is directed to turn over all papers in the action, including any transcripts, to the Clerk of the Court; and it is further,

ORDERED that retained 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., DICKERSON, CHAMBERS and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court