Appellate Division: Second Judicial Department

M204443

E/ct

JOHN M. LEVENTHAL, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2015-08416, 2015-08417 The People, etc., respondent, v Rafael Oliva, appellant. (S.C.I. Nos. 1165/14, 1166/14)

DECISION & ORDER ON MOTION

Motion by Seymour W. James, Jr., to be substituted as counsel for the appellant on appeals from two judgments of the Supreme Court, Queens County, both rendered September 18, 2014. By decision and order on motion of this Court dated October 23, 2015, the appellant was granted poor person relief and the following named attorney was assigned as counsel to prosecute the appeals:

Lynn W. L. Fahey, Esq.

Appellate Advocates

111 John Street - 9th Floor

New York, New York 10038

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 appeals:

Seymour James, Jr., Esq.

The Legal Aid Society

199 Water Street - 5th Floor

New York, New York 10038

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 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; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeals, 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 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 in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeals; such access shall include permission to copy the papers insofar as they pertain to the appellant; 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.

LEVENTHAL, J.P., SGROI, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

A206-032-013

Buffalo Fed. Det. Facility

4250 Fed. Dr.

Batavia, NY 14020