Appellate Division: Second Judicial Department

M252389

AFA/

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2017-12019 The People, etc., respondent, v Clayton Gravenhise, appellant. (Ind. No. 9491/14)

DECISION & ORDER ON MOTION Motion for Poor Person Relief

Motion by the appellant to relieve assigned counsel to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered April 25, 2017, to substitute retained counsel, and to continue his status as a poor person. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on January 2, 2018, and the following named attorney was assigned as counsel to prosecute the appeal:

Paul Skip Laisure

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 former assigned counsel is directed to turn over all papers in the action to new retained counsel herein; and it is further,

ORDERED that the appellant's poor person status is continued; and it is further

ORDERED that pursuant to County Law § 722 the following named attorney is substituted as retained counsel:

Mischel & Horn

One Whitehall Street, 10th Floor

New York, NY 10004

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 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 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.

BALKIN, J.P., LEVENTHAL, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court