Appellate Division: Second Judicial Department

M253677

T/mm

2017-09423 The People, etc., respondent, v Julio C. Herrejon, appellant. (Ind. No. 17-00043)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Orange County, rendered July 24, 2017. By decision and order on motion of this Court dated January 12, 2018, the appellant was granted leave to prosecute the appeal as a poor person, and the following named attorney was assigned as counsel to prosecute the appeal:

Heather M. Abissi

317 Clocktower Commons

Brewster, New York 10509

On the Court's own motion, it is

ORDERED that the assigned counsel is relieved of the assignment and directed to turn over all papers in the matter 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:

Richard L. Herzfeld

112 Madison Avenue, 8th Floor

New York, NY 10016

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 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.

ENTER:

Aprilanne Agostino

Clerk of the Court