Appellate Division: Second Judicial Department

M181240

V/

RANDALL T. ENG, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS

MARK C. DILLON, JJ.

2014-02872 People of State of New York, respondent, v Daniel Rodriguez, appellant.

DECISION & ORDER ON MOTION

Appeal by Daniel Rodriguez from an order of the County Court, Suffolk County, dated February 28, 2014. By decision and order on motion of this Court dated July 8, 2014, as amended August 15, 2014, the appellant was granted poor person relief and the following named attorney was assigned to prosecute the appeal:

Michael G. Paul, Esq.

49 Maple Avenue

New City, NY 10956

On the Court's own motion, it is

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

Richard L. Herzfeld, Esq.

104 W. 40th Street, 20th Floor

New York, N.Y. 10018

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; 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.

ENG, P.J., MASTRO, RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court