Appellate Division: Second Judicial Department

M220556

E/sl

L. PRISCILLA HALL, J.P.

SANDRA L. SGROI

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2014-11444 The People, etc., respondent, v Christopher E. Marino, appellant. (Ind. No. 181-14)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel to be relieved on an appeal from a judgment of the County Court, Suffolk County, rendered December 2, 2014, for the assignment of new counsel, and to withdraw the appellant's excessive sentence motion. By decision and order on motion of this Court dated March 11, 2015, the appellant was granted poor person relief and the following named attorney was assigned as counsel to prosecute the appeal:

Legal Aid Society of Suffolk County - Appeals Bureau

Post Office Box 1697

Riverhead, New York 11901-3398

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 branch of the motion which is to relieve assigned counsel and assign new counsel is granted, and former assigned counsel is directed to turn over all papers in this action to new counsel herein assigned; and it is further,

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

Mark Diamond, Esq.

Box 287356

Yorkville Station

New York, NY 10128

and it is further,

ORDERED that on or before November 30, 2016, assigned counsel shall advise the Court, in writing, whether he will be adopting the excessive sentence motion filed by former assigned counsel; 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; and it is further,

ORDERED that the branch of the motion which is to withdraw the appellant's excessive sentence motion is denied without prejudice to successor assigned counsel making a motion for this relief, if he be so advised.

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

ENTER:

Aprilanne Agostino

Clerk of the Court