Appellate Division: Second Judicial Department

M266021

kbp/

MARK C. DILLON, J.P.

JOSEPH J. MALTESE

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2018-07122 The People, etc., respondent, v Jose Rodriguez, appellant. (Ind. No. 839/17)

DECISION & ORDER ON MOTION

Motion by assigned counsel to be relieved of the assignment to prosecute an appeal from a judgment of the Supreme Court, Nassau County, rendered May 9, 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 September 25, 2018, and the following named attorney was assigned as counsel to prosecute the appeal:

N. Scott Banks

Attorney in Charge, Criminal Div.

Legal Aid Society of Nassau County

40 Main Street, 3rd Floor

Hempstead, New York 11550

Upon the papers filed in support of the motion and the papers filed 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:

Thomas J. Butler

PO Box 665

Melville, NY 11747

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 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 shall 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., MALTESE, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

Nassau County Corr. Center

East Elmhurst, NY 11554