Appellate Division: Second Judicial Department

M262188

V/

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2018-03214 The People, etc., respondent, v Kevin Madison, appellant. (Ind. No. 155/17)

DECISION & ORDER ON MOTION

Motion by assigned counsel to be relieved of the assignment to prosecute an appeal from a judgment of the County Court, Dutchess County, rendered February 16, 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 July 24, 2018, and the following named attorney was assigned as counsel to prosecute the appeal:

Thomas N. N. Angell

Office of the Public Defender

22 Market Street

Poughkeepsie, NY 12601

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:

Terry D. Horner

81 So. Hamilton Street

Poughkeepsie, NY 12601

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.

DILLON, J.P., LEVENTHAL, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

18-A-0849

Orleans Corr. Fac.

3531 Gaines Basin Road

Albion, New York 14411-9199