Appellate Division: Second Judicial Department

M252276

SL/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-11872 The People, etc., respondent, v Frank W. White, Jr., appellant. (Ind. No. 28/16)

DECISION & ORDER ON MOTION

Appeal by Frank W. White, Jr., from a judgment of the County Court, Dutchess County, rendered November 2, 2016. By decision and order on motion of this Court dated April 25, 2017, the appellant was granted poor person relief and the following named attorney was assigned as counsel to prosecute the appeal:

Neal D. Futerfas

50 Main Street, Suite 1000

White Plains, NY 10606

On the Court's own motion, it is

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

Kelley M. Enderley

301 Manchester Road, Suite 203

Poughkeepsie, NY 12603

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 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 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 on or before September 10, 2018, assigned counsel shall either (1) advise the Court, in writing, that she is adopting the brief filed by former assigned counsel, (2) advise the Court, in writing, that she is adopting the brief filed by former assigned counsel and serve and file a supplemental brief, or (3) serve and file a replacement brief; 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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

09-A-3069

Great Meadow Corr. Fac.

P.O. Box 51

Comstock, NY 12821-0051