Appellate Division: Second Judicial Department

M263877

E/sl

JOHN M. LEVENTHAL, J.P.

JOSEPH J. MALTESE

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2017-01759 The People, etc., respondent, v David Brooks, appellant. (Ind. No. 1879/16)

DECISION & ORDER ON MOTION

Motion by the appellant to withdraw his excessive motion on an appeal from a judgment of the County Court, Suffolk County, rendered January 23, 2017. Separate motion by the appellant pro se to relieve counsel assigned to prosecute the appeal and for the assignment of new counsel.

Upon the papers filed in support of the motions and the papers filed in relation thereto, it is

ORDERED that the motions are granted; and it is further,

ORDERED that the excessive motion and the respondent's response to the excessive motion are stricken; and it is further,

ORDERED that Laurette D. Mulry, Legal Aid Society of Suffolk County, 300 Center Drive, P.O. Box 1697, Riverhead, New York 11901, is relieved of the assignment to prosecute the appeal and 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 to prosecute the appeal:

Steven A. Feldman

626 RXR Plaza

West Tower, 6th Floor

Uniondale, NY 11556

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 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 order upon the clerk of the court from which the appeal is taken.

LEVENTHAL, J.P., MALTESE, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

17-A-0524

Franklin Corr. Fac.

P.O. Box 10

Malone, NY 12953-0010