Appellate Division: Second Judicial Department

M252139

E/htr

WILLIAM F. MASTRO, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2015-05474 The People, etc., respondent, v Blake Wingate, appellant. (Ind. No. 186/14)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered June 16, 2015, and for the assignment of new counsel. Application by the appellant's assigned counsel to be relieved and for the assignment of new counsel. The appellant was granted poor person relief by decision and order on motion of this Court dated September 30, 2015, and by decision and order on motion of this Court dated February 15, 2018, the following named attorney was assigned as counsel to prosecute the appeal:

Herbert Kellner

c/o Law Firm of Guttmann & Kellner, P.C.

25 West Main Street

Smithtown, NY 11787

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the application is granted, and Herbert Kellner is relieved of the assignment and 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 appeal:

Steven A. Feldman

626 RXR Plaza

West Tower, 6th Floor

Uniondale, NY 11556

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 appeal is enlarged; assigned 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 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.

MASTRO, J.P., ROMAN, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court