Appellate Division: Second Judicial Department

M226761

V/

L. PRISCILLA HALL, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

FRANCESCA E. CONNOLLY, JJ.

2016-09663 People of State of New York, respondent, v Shawn Collins, appellant.

DECISION & ORDER ON MOTION

Motion by counsel assigned to represent the defendant in the County Court in connection with proceedings pursuant to Corrections Law § 168-n(3) to be relieved and to withdraw the appeal from an order of the County Court, Suffolk County, dated August 19, 2016.

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

ORDERED that the branch of the motion which is to withdraw the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to relieve assigned counsel is granted, and assigned counsel, Laurette Mulry, Esq., Legal Aid Society of Suffolk County - Appeals Bureau, 300 Center Drive, PO Box 1697, Riverhead, New York 11901-3398, is relieved and is directed to turn over all papers in this action to new counsel herein assigned; and it is further,

ORDERED that on the Court's own motion, pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Richard L. Herzfeld, Esq.

112 Madison Avenue, 8th Floor

New York, NY 10016

and it is further,

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file nine copies of their respective briefs and to serve one copy on each other; and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of the proceedings of any hearing held in connection with the order dated August 19, 2016, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings to the appellant's counsel, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over those transcripts to the respondent when counsel serves the appellant's brief on the respondent; 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 or considered by the trial court in connection with the appellant's risk level determination, including the recommendation sheet and any prior reports on the appellant 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 in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his 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 filing fee is waived (see CPLR 1102[d]); 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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court