Appellate Division: Second Judicial Department

M226754

V/

L. PRISCILLA HALL, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

FRANCESCA E. CONNOLLY, JJ.

2011-01515 The People, etc., respondent, v Kenneth Harris, appellant. (Ind. No. 2413-09)

DECISION & ORDER ON MOTION

Motion by the appellant pro se for the assignment of counsel on an appeal from a judgment of the Supreme Court, Suffolk County, rendered January 24, 2011. By decision and order on motion dated May 12, 2011, this Court granted that branch of the appellant's motion which was for a copy of the typewritten transcripts of the stenographic minutes, without charge, and the Clerk of the trial court was directed to furnish one certified transcript of each of the proceedings to the appellant's retained counsel.

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 it is further,

ORDERED that the appellant's former counsel Law Offices of Christopher J. Cassar, P.C., 13 East Carver Street, Huntington, NY 11743, is directed to turn over to new counsel assigned herein the copy of the typewritten transcripts of the stenographic minutes that was provided by the Clerk of the trial court; and it is further,

ORDERED that pursuant to statute (County Law § 722), the following named attorney is assigned as counsel to prosecute the appeal:

Laurette Mulry, Esq.

Legal Aid Society of Suffolk County - Appeals Bureau

300 Center Drive

PO Box 1697

Riverhead, New York 11901-3398

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, upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence 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 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 when the assigned counsel serves his brief on the District Attorney, he shall also serve his copy of the minutes on the District Attorney.

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

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

11-R-0374

Franklin Corr. Fac.

62 Bare Hill Road, P.O. Box 116

Malone, NY 12953