Appellate Division: Second Judicial Department

M257120

E/mm

JOHN M. LEVENTHAL, J.P.

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON, JJ.

2015-03356 The People, etc., respondent, v Nathan Rosa, appellant. (Ind. No. 5302/13)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve assigned counsel and substitute retained counsel on an appeal from a judgment of the Supreme Court, Kings County, rendered April 15, 2015, and to withdraw the brief filed by the appellant's assigned counsel. Separate motion by the appellant pro se for leave to serve and file a supplemental brief.

Upon the papers filed in support of the motion, inter alia, to relieve assigned counsel and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion for leave to serve and file a pro se supplemental brief and the papers filed in relation thereto, it is

ORDERED that the motion to relieve assigned counsel and substitute retained counsel, and to withdraw the brief filed by the appellant's assigned counsel is granted, Stoll, Glickman & Bellina, LLP, 475 Atlantic Avenue, Third Floor, Brooklyn, NY 11217, is substituted as retained counsel on the appeal, the brief filed by the appellant's assigned counsel is deemed withdrawn, and on or before January 2, 2019, the appellant's retained counsel shall serve and file a replacement brief; and it is further,

ORDERED that on the Court's own motion, so much of the decision and order on motion of this Court dated June 16, 2015, as granted poor person relief to the appellant is recalled and vacated, that branch of the motion is denied, and former assigned counsel is directed to turn over all papers in the matter to the Clerk of the Court; and it is further,

ORDERED that the brief filed by the respondent is stricken; 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 retained 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 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 retained 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 retained 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; and it is further,

ORDERED that the motion for leave to serve and file a pro se supplemental brief is denied.

LEVENTHAL, J.P., HINDS-RADIX, DUFFY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court