Appellate Division: Second Judicial Department

M264775

E/sl

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

JOHN M. LEVENTHAL

COLLEEN D. DUFFY, JJ.

2018-13462 The People, etc., respondent, v Clarence W. Trent, appellant. (Ind. No. 1728A/17)

DECISION & ORDER ON MOTION

Motion by the appellant to be provided with a copy of the presentence report prepared in connection with the appellant's sentencing on an appeal from a judgment of the Supreme Court, Suffolk County, rendered September 25, 2018.

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 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 the appellant's retained counsel, John L. Maccarone P.C., 70 Glen Street, Suite 330, Glen Cove, NY 11542, with a copy of the presentence report prepared in connection with the appellant's sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in 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 the sentence is raised on appeal, or if retained 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.

DILLON, J.P., AUSTIN, LEVENTHAL and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court