Appellate Division: Second Judicial Department

M256325

E/sl

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-08808 The People, etc., respondent, v Chandler Burch, appellant. (Ind. No. 1256/17)

DECISION & ORDER ON MOTION Assignment of Counsel

Appeal by Chandler Burch from a judgment of the Supreme Court, Kings County, rendered June 20, 2018. By decision and order on application of this Court dated August 31, 2018, upon an order of the Supreme Court, Kings County, dated June 20, 2018, and pursuant to Criminal Procedure Law § 380.55, the appellant was granted poor person relief and the following named attorney was assigned as counsel to prosecute the appeal:

Lawrence Wright

32 Court Street, Suite 707

Brooklyn, New York 11201

On the Court's own motion, it is

ORDERED that counsel is relieved of the assignment and is directed to turn over all papers in the above-entitled 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:

Paul Skip Laisure

Appellate Advocates

111 John Street, 9th Floor

New York, New York, 10038

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 appellant's sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in 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 1250.5[a]) and written directions; and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; 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.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

18-A-2665

Attica Correctional Facility

639 Exchange Street

Attica, NY 14011-0149