Appellate Division: Second Judicial Department

M214312

E/ct

RUTH C. BALKIN, J.P.

L. PRISCILLA HALL

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2014-03715 The People, etc., respondent, v Victor N. Koltun, appellant. (Ind. No. 10-00778)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Orange County, rendered March 12, 2014, to substitute retained counsel, and continue his status as a poor person. By decision and order on motion of this Court dated February 17, 2015, the appellant was granted poor person relief and the following named attorney was assigned as counsel to prosecute the appeal:

Richard L. Herzfeld, Esq.

104 W. 40th Street, 20th Floor

New York, N.Y. 10018

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

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

Leonard J. Levenson, Esq.

225 Broadway

New York, NY 10007

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 in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing retained counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; 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.

BALKIN, J.P., HALL, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court