Appellate Division: Second Judicial Department

M265569

kbp/

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX

LINDA CHRISTOPHER, JJ.

2019-02725 The People, etc., respondent, v Carlos F. Torres, appellant. (Ind. No. 1574/16)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to relieve assigned counsel on an appeal from a judgment of the County Court, Suffolk County, rendered February 15, 2019, to substitute retained counsel, and to continue his status as a poor person. The appellant's motion to dispense with printing and for assignment of counsel was granted on May 9, 2019, and the following named attorney was assigned as counsel to prosecute the appeal:

Richard L. Herzfeld

112 Madison Avenue, 8th Floor

New York, NY 10016

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to substitute retained counsel is granted, and said assigned counsel is directed to turn over all papers in the action to the retained counsel:

Steven A. Metcalf II

Metcalf & Metcalf, P.C.

11 Broadway, Suite 615

New York, New York 10004

and it is further,

ORDERED that branch of the motion which is to continue the appellant's poor person status is granted and the appellant's poor person status is continued; 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 retained counsel 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; and it is further,

ORDERED that the appellant's time to perfect the appeal is extended. Retained 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 retained counsel shall serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., AUSTIN, HINDS-RADIX and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

18-A-0069

Franklin Corr. Fac.

62 Bare Hill Road, PO Box 10

Malone, New York 12953