Appellate Division: Second Judicial Department

M207303

E/ct

L. PRISCILLA HALL, J.P.

JOSEPH J. MALTESE

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2015-02200 The People, etc., respondent, v Andre Jones, appellant. (Ind. No. 13-01185)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Westchester County, rendered February 20, 2015, to substitute retained counsel, and to continue his poor person relief. By decision and order on motion of this Court dated June 24, 2015, the appellant was granted poor person relief and the following named attorney was assigned as counsel to prosecute the appeal:

Christine Moccia, Esq.

P.O. Box 93

Chappaqua, NY 10514

Upon the papers filed in support of the motion and no papers having been filed in opposition to or in relation thereto, it is

ORDERED that the motion is granted, and assigned counsel is directed to turn over all papers in the action to retained counsel:

Merick J. Dammar, Esq.

782 Burke Avenue

Bronx, NY 10467

and it is further,

ORDERED that the appellant's poor person status is continued, 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 in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if retained 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 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 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.

HALL, J.P., MALTESE, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court