Appellate Division: Second Judicial Department

M174624

E/mv

MARK C. DILLON, J.P.

PLUMMER E. LOTT

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ.

2012-09300 The People, etc., respondent, v Joseph Hicks, appellant. (Ind. No. 11-00502)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Rockland County, rendered September 5, 2012, and for the assignment of new counsel. The appellant's motion for leave to prosecute the appeal as a poor person was granted on December 19, 2012, and by decision and order on motion of this Court dated March 27, 2013, the following named attorney was assigned as counsel to prosecute the appeal:

Ellen O'Hara Woods, Esq.

100 Route 303

Tappan, N.Y. 10983

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 the former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

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

Mark Diamond, Esq.

Box 287356

Yorkville Station

New York, N.Y. 10128

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 presentence 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; and it is further,

ORDERED that assigned 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.

DILLON, J.P., LOTT, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

12-A-4105

Fishkill Corr. Fac.

Box 1245

Beacon, N.Y. 12508