Appellate Division: Second Judicial Department

M208881

V/

L. PRISCILLA HALL, J.P.

JEFFREY A. COHEN

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2015-05985 The People, etc., respondent, v Eric Witherspoon, appellant. (Ind. No. 1111/08)

DECISION & ORDER ON MOTION

Renewed motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from an order of the County Court, Suffolk County, dated June 9, 2015, issued pursuant to CPL 440.30, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on October 19, 2015, and the following named attorney was assigned to prosecute the appeal:

Matthew Muraskin, Esq.

646 Main Street

Port Jefferson, NY 11777

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

ORDERED that the motion is granted; previously assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned to prosecute the appeal:

Salvatore C. Adamo, Esq.

350 Fifth Avenue, 59th Floor,

New York, NY 10118

and it is further,

ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated 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.

HALL, J.P., COHEN, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

10-A-1948

Green Haven C.F.

P.O. Box 4000

Stormville, N.Y. 12582