Appellate Division: Second Judicial Department

M266822

kbp/

ALAN D. SCHEINKMAN, P.J.

REINALDO E. RIVERA

RUTH C. BALKIN

JOHN M. LEVENTHAL, JJ.

2017-11794 The People, etc., respondent, v Edwin Caizaguano, appellant. (Ind. No. 155/16)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Kings County, rendered August 30, 2017, and for the assignment of new counsel. Separate motion by assigned counsel, in effect, to be relieved of the assignment to prosecute the appeal. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on January 2, 2018, and the following named attorney was assigned as counsel to prosecute the appeal:

Paul Skip Laisure

Appellate Advocates

111 John Street - 9th Floor

New York, New York 10038

Upon the papers filed in support of the appellant's motion and the papers filed in relation thereto, and upon the papers filed in support of assigned counsel's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motions are 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:

Janet E. Sabel

The Legal Aid Society

199 Water Street - 5th Floor

New York, NY 10038

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.

SCHEINKMAN, P.J., RIVERA, BALKIN and LEVENTHAL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

17-A-3734

Coxsackie Corr. Fac.

11260 Route 9W

Box 999

Coxsackie, NY 12051