Appellate Division: Second Judicial Department

M224191

V/

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2014-11909 The People, etc., respondent, v Carlos Velasquez, appellant. (Ind. No. 13-01539)

DECISION & ORDER ON MOTION

Motion by assigned counsel to be relieved of the assignment to prosecute an appeal from a judgment of the County Court, Westchester County, rendered November 13, 2014, and for the assignment of new counsel. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on March 8, 2016, and the following named attorney was assigned as counsel to prosecute the appeal:

Michael F. Dailey, Esq.

One Riverdale Avenue, Suite 1,

Mailbox #11

Bronx, NY 10463

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 motion is granted, and the former 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 as counsel to prosecute the appeal:

Marianne Karas, Esq.

980 Broadway, Suite 324

Thornwood, NY 10594

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 defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated or referred to in the report, and to provide additional copies to this Court upon demand; 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.

DILLON, J.P., CHAMBERS, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

14-A-5077

Elmira Corr. Fac.

P.O. Box 500

Elmira, New York 14901-0500