Appellate Division: Second Judicial Department

M208329

E/ct

CHERYL E. CHAMBERS, J.P.

JEFFREY A. COHEN

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY, JJ.

2015-09012 The People, etc., respondent, v Heriberto Guerrero, appellant. (Ind. No. 5027/12)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from a judgment of the Supreme Court, Kings County, rendered September 2, 2015, and to be furnished with a copy of the presentence report prepared in connection with the appellant's sentencing.

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 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 the appellant's retained counsel, David Louis Cohen, 125-10 Queens Boulevard, Suite 5, Kew Gardens, New York 11415, 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 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.

CHAMBERS, J.P., COHEN, DUFFY and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court