Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M261084

E/jr

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2018-03441 The People, etc., respondent, v Jaylin K. Smith, appellant. (Ind. No. 16-00628)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Orange County, rendered July 14, 2017. By decision and order on motion of this Court dated June 26, 2018, the appellant was granted poor person relief and the following named attorney was assigned to prosecute the appeal: Brett Broge, 140 Main Street, P.O. Box 808, Goshen, New York 10924. By decision and order on motion of this Court dated March 1, 2019, counsel was relieved of the assignment and the following named attorney was assigned as counsel to prosecute the appeal: Salihah R. Denman, 600 Mamaroneck Avenue, Suite 400, Harrison, NY 10528.

On the Court's own motion, it is

ORDERED that Salihah R. Denman is relieved of the assignment, and Brett Broge and Salihah R. Denman are 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:

Warren S. Hecht

118-21 Queens Blvd., Suite 518

Forest Hills, NY 11375

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 in the event an issue as to the legality, propriety, or excessiveness of sentence is raised on the 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 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