Appellate Division: Second Judicial Department

M185005

V/

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX, JJ.

2011-00912, 2012-02400 The People, etc., respondent, v Phillip Martinez, appellant. (Ind. No. 2109/10)

DECISION & ORDER ON MOTION

Motion by assigned counsel to be relieved of the assignment to prosecute appeals from a judgment of the County Court, Nassau County, rendered December 13, 2010, and an amended judgment of the same court rendered February 14, 2012, and for the assignment of new counsel. The appellant's motion for leave to prosecute the appeals as a poor person and for assignment of counsel was granted on January 10, 2014, and the following named attorney was assigned as counsel to prosecute the appeals:

Thomas R. Villecco, Esq.

366 North Broadway, Suite 410

Jericho, N.Y. 11753

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 appeals:

Marianne Karas, Esq.

980 Broadway, Suite 324

Thornwood, N.Y. 10594

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 appeals is enlarged; assigned counsel shall prosecute the appeals 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 appeals are taken.

BALKIN, J.P., LEVENTHAL, HALL and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

12-R-3524

Marcy Corr. Fac.

Box 3600

Marcy, N.Y. 13402