Appellate Division: Second Judicial Department

M254738

E/htr

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

ROBERT J. MILLER

FRANCESCA E. CONNOLLY, JJ.

2017-09867 The People, etc., respondent, v Dondi M. Johnson, appellant. (Ind. No. 164S/17)

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel to be relieved on an appeal from a judgment of the County Court, Dutchess County, rendered August 24, 2017, and for the assignment of new counsel. The appellant was granted poor person relief on December 28, 2017, and the following named attorney is assigned as counsel to prosecute the appeal:

Thomas N. N. Angell

Public Defender

22 Market Street

Poughkeepsie, New York 12601

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:

Del Atwell

39 5th Street

East Hampton, NY 11937

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., LEVENTHAL, MILLER and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

17-A-3745

Five Points Corr. Fac.

6600 State Route 96

Caller Box 400

Romulus, NY 14541