Appellate Division: Second Judicial Department

M226976

E/ct

JOHN M. LEVENTHAL, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2016-01429 The People, etc., respondent, v Dontan Jenkins, appellant. (Ind. No. 14-01100)

DECISION & ORDER ON MOTION

Motion by counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered October 1, 2015, to be relieved and, in effect, for the assignment of new counsel. By decision and order on motion of this Court dated March 25, 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:

Gerald Zuckerman, Esq.

P.O. Box 392

Croton-on-Hudson, NY 10520

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 in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her 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 on or before April 18, 2017, assigned counsel shall advise the Court, in writing, whether he is (1) adopting the brief filed by former assigned counsel or (2) adopting the brief filed by former assigned counsel and filing a supplemental brief, or (3) not adopting the brief filed by former assigned counsel and filing a replacement brief; and it is further,

ORDERED that on the Court's own motion, the appellant's time to serve and file a pro se supplemental brief is enlarged, the appellant's supplemental brief shall be served and filed on or before June 19, 2017, and the appellant shall file nine copies of the pro se supplemental brief and serve one copy on the District Attorney; 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:

15-A-4115

Great Meadow Corr. Fac.

11739 State Route 22

P.O. Box 51

Comstock, NY 12821-0051