Appellate Division: Second Judicial Department

M256678

E/afa

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-00104 The People, etc., respondent, v Karmel Mills, appellant. (Ind. No. 16-00076)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Westchester County, rendered November 30, 2017. By decision and order on motion of this Court dated July 25, 2018, the appellant was granted poor person relief and the following named attorney was assigned as counsel to prosecute the appeal:

David A. Brodsky

45 Floance Drive

Central Valley, NY 10917

On the Court's own motion, it is

ORDERED that the assigned counsel is relieved of the assignment and is directed to turn over all papers in the above-entitled 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, New York 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 the appellant's time to perfect the appeal is enlarged; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules 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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court