Appellate Division: Second Judicial Department

M176090

E/ct

PETER B. SKELOS, J.P.

MARK C. DILLON

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2013-03512 The People, etc., respondent, v Philip Santoro, appellant. (Ind. No. 8/11)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel

Motion by assigned counsel to be relieved of the assignment to prosecute an appeal from an amended judgment of the County Court, Dutchess County, imposed February 27, 2013, and for the assignment of new counsel. By decision and order on motion of this Court dated July 10, 2013, the appellant was granted poor person relief and the following named attorney was assigned as counsel to prosecute the appeal:

Thomas N. N. Angell, Esq.

Public Defender

22 Market Street

Poughkeepsie, New York 12601

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 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:

Del Atwell, Esq.

39 5th Street

East Hampton, New York 11937

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 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; 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.

SKELOS, J.P., DILLON, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

13-A-1141

Gowanda Corr. Fac.

P.O. Box 350

Gowanda, N.Y. 14070