Appellate Division: Second Judicial Department

M226980

E/ct

JOHN M. LEVENTHAL, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2015-11144 The People, etc., respondent, v David Clarke, appellant. (Ind. No. 14-00486)

DECISION & ORDER ON MOTION

Motion by counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered October 15, 2015, to be relieved, and, in effect, for the assignment of new counsel. By decision and order on motion of this Court dated March 4, 2016, the appellant was granted poor person relief and pursuant to County Law § 722 the following named attorney was assigned as counsel to prosecute the appeal:

Jessica Hugel, Esq.

1015 Park Street

Peekskill, NY 10566

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 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:

Rachel J. Filasto, Esq.

81 Main Street, Suite 205

White Plains, NY 10601

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 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 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.

LEVENTHAL, J.P., SGROI, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

Lakeview Shock Incarc. Corr. Fac.

72 Lock 11 Lane

P.O. Box T

Brocton, NY 14716-0679