Appellate Division: Second Judicial Department

M261608

V/

JOHN M. LEVENTHAL, J.P.

SHERI S. ROMAN

HECTOR D. LASALLE

LINDA CHRISTOPHER, JJ.

2018-01663 The People, etc., respondent, v Abdool Shaad Azeez, appellant. (Ind. No. 17-00075)

DECISION & ORDER ON MOTION

Motion by assigned counsel to be relieved of the assignment to prosecute an appeal from a judgment of the Supreme Court, Westchester County, rendered January 9, 2018, and for the assignment of new counsel. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on May 25, 2018, and by decision and order on motion of this Court dated December 3, 2018, the following named attorney was assigned as counsel to prosecute the appeal:

Anthony J. Messina

282 Katonah Avenue #156

Katonah, NY 10536

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and the former assigned counsel is directed to turn over all papers in the 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:

Mark Diamond

Box 287356

Yorkville Station, NY 10128

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 extended; assigned counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 1250.9) 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.

LEVENTHAL, J.P., ROMAN, LASALLE and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

18-A-0314

Clinton Corr. Fac.

P.O. Box 2000

Dannemora, NY 12929