Appellate Division: Second Judicial Department

M259667

V/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-06052 The People, etc., respondent, v Joe Bailey, appellant. (Ind. No. 17-00726)

DECISION & ORDER ON MOTION

The appellant's motion to dispense with printing and for assignment of counsel on an appeal from a judgment of the County Court, Orange County, rendered April 27, 2018, was granted by decision and order on motion of this Court dated July 25, 2018. The following named attorney was assigned to prosecute the appeal:

John F. X. Burke

210 Main Street

P.O. Box 943

Goshen, NY 10924

On the Court's own motion, it is

ORDERED that counsel previously assigned to prosecute the appeal is relieved of the assignment and is directed to turn over all papers in this action to new counsel herein assigned; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as new counsel to prosecute the appeal:

Christopher J. Cardinale

158 Orange Avenue

P.O. Box 367

Walden, NY 12586

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 it is further,

ORDERED that the appellant's time to perfect the appeal is extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 1250.9) and written directions.

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

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

18-A-1873

Clinton Corr. Fac.

P.O. Box 2002

Dannemora, NY 12929