Appellate Division: Second Judicial Department

M205672

E/ct

REINALDO E. RIVERA, J.P.

MARK C. DILLON

SHERI S. ROMAN

COLLEEN D. DUFFY, JJ.

2014-11268 The People, etc., respondent, v Kenton Sherwood, appellant. (Ind. No. 1115N/13)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Nassau County, rendered November 17, 2014, and to substitute retained counsel. By decision and order on motion of this Court dated April 2, 2015, the appellant was granted poor person relief and the following named attorney is assigned as counsel to prosecute the appeal:

Bruce R. Bekritsky, Esq.

1551 Kellum Place

Mineola, New York 11501

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 following named attorney is substituted as retained counsel:

Scott G. Cerbin, Esq., PLLC

16 Court Street, Suite 2901

Brooklyn, NY 11241

and it is further,

ORDERED that on the Court's own motion, so much of the decision and order on motion of this Court dated April 2, 2015, as granted poor person relief to the appellant is vacated and former assigned counsel is directed to turn over all papers in the above-entitled action to the Clerk of this Court; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged. Retained 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 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 retained 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 retained 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.

RIVERA, J.P., DILLON, ROMAN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

14-A-5303

Bare Hill Corr. Fac.

Caller Box 20

Malone, N.Y. 12953