Appellate Division: Second Judicial Department

M207335

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

SHERI S. ROMAN

COLLEEN D. DUFFY, JJ.

2015-06342 The People, etc., respondent, v Desmond O. Mighty, appellant. (Ind. No. 13-01141)

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

Motion by the appellant's assigned counsel to be relieved on an appeal from a judgment of the Supreme Court, Westchester County, rendered June 17, 2014, and for the assignment of new counsel. By decision and order on motion of this Court dated October 9, 2015, the appellant was granted poor person relief and the following named attorney was assigned as counsel to prosecute the appeal:

Matthew E. Brotmann, Esq.

114 Parkview Road

Pound Ridge, NY 10576

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 granted, and pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Daniel V. Remer, Esq.

30 State Street - Suite 100

Ossining, NY 10562

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 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 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; 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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

A#047-928-881

Buffalo Federal Detention Center

4250 Federal Drive

Batavia, NY 14020