Appellate Division: Second Judicial Department

M205290

E/sl

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

JOSEPH J. MALTESE, JJ.

2011-04423 The People, etc., respondent, v Ronald Carson, appellant. (Ind. No. 1672-10)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the County Court, Suffolk County, rendered April 4, 2011, as abandoned.

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 denied; and it is further,

ORDERED that on the Court's own motion, Annamatesha N. Howell, 502 Alicia Drive, Westbury, NY 11590-1311, counsel assigned to prosecute the appeal by decision and order on motion of this Court dated August 17, 2011, is relieved of the assignment and is directed to turn over all papers in this action to new counsel herein assigned; and it is further,

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, NY 10018

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 pre-sentence report prepared in connection with the appellant's sentencing, including the recommendation sheet and any prior reports on the appellant 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 this Court and the respondent prior to the filing of such brief or motion; 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.

BALKIN, J.P., HALL, ROMAN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043