Appellate Division: Second Judicial Department

M252422

AFA/

REINALDO E. RIVERA, J.P.

MARK C. DILLON

JEFFREY A. COHEN

ANGELA G. IANNACCI, JJ.

2016-07058 The People, etc., respondent, v Pedro Delacruz, appellant. (Ind. No. 15-00945)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve assigned counsel to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered May 24, 2016, and to substitute retained counsel. The appellant's motion to dispense with printing and for assignment of counsel was granted on February 23, 2017, and the following named attorney was assigned as counsel to prosecute the appeal:

Andrew W. Sayegh

95 Church Street, Suite B

White Plains, NY 10601

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 following named attorney is substituted as retained counsel:

Richard A. Portale

Portale Randazzo LLP

245 Main Street, Suite 340

White Plains, NY 10601

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 February 23, 2017, 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 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.

RIVERA, J.P., DILLON, COHEN and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court