Appellate Division: Second Judicial Department

M253283

T/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON, JJ.

2017-03677 The People, etc., respondent, v Shaheim Hoedouglas, appellant. (Ind. No. 759-16)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the County Court, Suffolk County, rendered March 7, 2017, and for assignment of new counsel. The appellant's motion to dispense with printing and for the assignment of counsel was granted on June 5, 2017, and the following named attorney was assigned to prosecute the appeal:

Laurette D. Mulry

Legal Aid Society of Suffolk County - Appeals Bureau

300 Center Drive

PO Box 1697

Riverhead, New York 11901-3398

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted; previously 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 to prosecute the appeal:

Joseph A. Hanshe

116 Greene Avenue

Sayville, NY 11782

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 pre-sentence 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 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 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.

RIVERA, J.P., BALKIN, MILLER and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

17-A-1178

Wyoming Corr. Fac.

P.O. Box 501

Attica, NY 14011-0501