Appellate Division: Second Judicial Department

M223475

E/ct

RANDALL T. ENG, P.J.

RUTH C. BALKIN

JOHN M. LEVENTHAL

HECTOR D. LASALLE, JJ.

2015-11724 The People, etc., respondent, v Kimberly Lappe, appellant. (Ind. No. 5002/14)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered October 28, 2015, and for the assignment of new counsel. By decision and order on motion of this Court dated May 10, 2016, the appellant was granted poor person relief and the following named attorney was assigned as counsel 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, and previously assigned counsel is directed to turn over all papers 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 10128and 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 this Court and the respondent prior to the filing of such brief or motion; and it is further,

ORDERED that counsel for the appellant shall serve a copy of this order, by mail, on the clerk of the court from which the appeal is taken.

ENG, P.J., BALKIN, LEVENTHAL and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

390 Briedstadt Court

Southhold, NY 11971