Appellate Division: Second Judicial Department

M236277

V/

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2015-05496 The People, etc., respondent, v Jose Burgos, appellant. (Ind. No. 91/08)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve counsel assigned to prosecute an appeal, by permission, from an order of the Supreme Court, Queens County, dated June 1, 2015, and to substitute retained counsel. The appellant's motion to dispense with printing and for assignment of counsel was granted on September 17, 2015, and the following named attorney was assigned as counsel to prosecute the appeal:

Lynn W. L. Fahey, Esq.

Appellate Advocates

111 John Street - 9th Floor

New York, New York 10038

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 the following named attorney is substituted as retained counsel:

Michael Confusione, Esq.

5 Penn Plaza, 19th Floor

New York, NY 10001

and it is further,

ORDERED that on the Court's own motion, so much of the decision and order on motion of this Court dated September 17, 2015, as granted poor person relief to the appellant is vacated, and the appellant's former assigned counsel is directed to turn over all papers in the above-entitled action to the Clerk of this Court; and it is further,

ORDERED that the appellant's time to perfect the appeal is enlarged. Retained 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 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 retained 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 to provide additional copies to this Court upon demand; 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 retained 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 retained 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 retained 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., HINDS-RADIX, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

10-A-3472

Woodbourne Corr. Fac.

99 Prison Road

P.O. Box 1000

Woodbourne, NY 12788