Appellate Division: Second Judicial Department

M267254

E/mb

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2019-11013 The People, etc., respondent, v Wafa Abboud, appellant. (Ind. No. 1158/16)

DECISION & ORDER ON MOTION

Appeal by Wafa Abboud from a judgment of the Supreme Court, Nassau County, rendered September 5, 2019, following a trial. By a decision and order on motion of this Court dated October 3, 2019, the appellant was granted poor person relief and the following named attorney was assigned as counsel to prosecute the appeal: Stacy Eves, PO Box 1175, Long Beach, NY 11561. By decision and order on motion of this Court dated October 28, 2019, counsel was relieved and the following named attorney was assigned as counsel to prosecute the appeal: Martin Geduldig, 329 South Oyster Bay Road, Suite 228, Plainview, New York 11803.

On the Court's own motion, it is

ORDERED that Martin Geduldig is relieved of the assignment; and it is further,

ORDERED that Stacy Eves and Martin Geduldig are directed to turn over any papers concerning the above-entitled matter in their possession 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:

Mark Diamond

Box 287356

Yorkville Station, NY 10128

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 in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion as well as the decisions and orders on motion of this Court dated October 3, 2019, and October 28, 2019, upon the clerk of the court from which the appeal is taken.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

Nassau County Corr. Center

100 Carman Avenue

East Meadow, NY 11554