Appellate Division: Second Judicial Department

M205601

E/ct

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX, JJ.

2012-10772 The People, etc., respondent, v Juan Burkette, appellant. (Ind. No. 5222/10)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered November 26, 2012, and for the assignment of new counsel. The appellant was granted poor person relief and by decision and order on motion of this Court dated February 26, 2014, as amended March 4, 2014, the following named attorney was assigned as counsel to prosecute the appeal:

Samuel K. F. Jones, Esq.

32 Court Street, #707

Brooklyn, N.Y. 11201

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

ORDERED that the motion is granted, and former counsel is directed to turn over all papers in the above-entitled 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 appeal:

Mark Diamond, Esq.

Box 287356

Yorkville Station

New York, NY 10128

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 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 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, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

12-A-5757

Elmira Corr. Fac.

1879 Davis Street, P.O. Box 5000

Elmira, N.Y. 14901-0500