Appellate Division: Second Judicial Department

M219278

V/

MARK C. DILLON, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY, JJ.

2012-10566, 2013-03206 The People, etc., respondent, v Crystal K. Capellan, appellant. (Ind. Nos. 642/12, 641/12)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve assigned counsel on appeals from two judgments of the County Court, Nassau County, both rendered May 15, 2012, to substitute retained counsel, and to continue her status as a poor person. The appellant's motion to dispense with printing and for assignment of counsel was granted on January 14, 2016, and the following named attorney was assigned as counsel to prosecute the appeals:

Mark Diamond, Esq.

Box 287356

Yorkville Station

New York, NY 10128

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 said assigned counsel is directed to turn over all papers in the action to retained counsel:

Labe M. Richman, Esq.

305 Broadway, Suite 100

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 to provide additional copies to this Court upon demand; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on the appeals, 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 appeals is enlarged. Retained counsel shall prosecute the appeals expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.) and written directions.

DILLON, J.P., ROMAN, HINDS-RADIX and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

246 Linden Avenue

Westbury, NY 11590