Appellate Division: Second Judicial Department

M183729

E/sl

RANDALL T. ENG, P.J.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2014-05811 The People, etc., respondent, v Kevin P. Washington, appellant. (Ind. No. 2089/12)

DECISION & ORDER ON MOTION

Motion by the appellant to be provided with a copy of the presentence report and CPL article 730 report of mental competency on an appeal from a judgment of the Supreme Court, Nassau County, rendered April 24, 2014.

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, 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 the appellant's retained counsel, Patrick Michael Megaro, 250 West Main Street, Bay Shore, New York 11706, 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 in or referred to in the report, as well as a copy of the CPL article 730 report of mental competency; and it is further,

ORDERED that if an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, if assigned counsel cites or relies upon the presentence report in a brief or motion in any other way, or if counsel cites or relies upon the CPL article 730 report of mental competency in a brief or motion in any other way, then counsel shall provide a complete copy of such report or reports and any attachments to this Court and the respondent prior to the filing of such brief or motion.

ENG, P.J., COHEN, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court