Appellate Division: Second Judicial Department

M251479

E/sl

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-04692, 2018-02635 The People, etc., respondent, v Carmelo Rivera, appellant. (Ind. No. 14-01132)

DECISION & ORDER ON MOTION

Motion by assigned counsel to be relieved of the assignment to prosecute appeals from a judgment of the Supreme Court, Westchester County, rendered March 30, 2016, and an order of the same court dated December 15, 2017, and for the assignment of new counsel. The appellant's motion for leave to prosecute the appeals as a poor person and for assignment of counsel was granted on June 14, 2016, and the following named attorney was assigned as counsel to prosecute the appeals:

Thomas T. Keating

39A Cedar Street

Dobbs Ferry, NY 10522

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 the 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 appeals:

Jerry F. Kebrdle, II

235 Mamaroneck Avenue, Suite 403

White Plains, NY 10605

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 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 appeals is enlarged; assigned counsel shall prosecute the appeals expeditiously in accordance with this Court's rules (see 22 NYCRR 670.1, et seq.) and written directions; 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 appeals are taken.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

16-A-1393

Coxsackie Corr. Fac.

P.O. Box 999

Coxsackie, NY 12051-0999