Appellate Division: Second Judicial Department

M185728

V/

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

HECTOR D. LASALLE, JJ.

2012-00948 The People, etc., respondent, v Gregory Johnson, appellant. (Ind. No. 2940-10)

DECISION & ORDER ON MOTION Motion to Assign Counsel

Motion by the appellant pro se for assignment of counsel on an appeal from a judgment of the County Court, Suffolk County, rendered January 10, 2012. By prior order of this court dated March 20, 2012, the appellant was granted poor person relief and assignment of counsel on the appeal. By decision and order on motion of this Court dated June 6, 2013, the appellant's motion to relieve ssigned counsel and to proceed pro se was granted.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted; and it is further,

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

Del Atwell, Esq.

39 5th Street

East Hampton, N.Y. 11937

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 in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal. Such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that, upon service of a copy of this decision and 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 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 in the event an issue as to the legality, propriety or excessiveness of the sentence is raised on appeal, or if assigned counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that when the assigned counsel serves his brief on the District Attorney, he shall also serve his copy of the minutes on the District Attorney.

BALKIN, J.P., CHAMBERS, HALL and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's address:

5 Roosevelt Street

Brentwood, N.Y. 11717