Appellate Division: Second Judicial Department

M265819

kbp/

CHERYL E. CHAMBERS, J.P.

JOSEPH J. MALTESE

HECTOR D. LASALLE

LINDA CHRISTOPHER, JJ.

2017-12763, 2018-12087 The People, etc., respondent, v Levar Burton, appellant. (Ind. No. 513/17)

DECISION & ORDER ON MOTION

Motion by assigned counsel to be relieved of assignments in connection with appeals from an order of the Supreme Court, Nassau County, entered October 24, 2017, and a judgment of the same court rendered August 21, 2018, and for the assignment of new counsel. By order to show cause of this Court dated July 31, 2019, the appellant was directed to show cause why an order should not be made and entered dismissing the appeal from the order on the ground that the order was neither appealable as of right nor by permission, and the following named attorney was assigned as counsel to respond to the order to show cause and to prosecute the appeal from the judgment:

Beverly Van Ness

233 Broadway, Suite 2704

New York, New York 10279

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 respond to the order to show cause and to prosecute the appeal from the judgment:

Richard M. Langone

300 Old Country Road, Suite 341

Mineola, NY 11501

and it is further,

ORDERED that the appellant's time to respond to the order to show cause is extended until October 15, 2019; and it is further,

ORDERED that the appellant's time to perfect the appeal from the judgment 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 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 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 assigned counsel shall serve a copy of this decision and order on motion upon the clerk of the court from which the appeals are taken.

CHAMBERS, J.P., MALTESE, LASALLE and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

435 Albany Avenue

Amityville, NY 11701