Appellate Division: Second Judicial Department

M267164

kbp/

ALAN D. SCHEINKMAN, P.J.

REINALDO E. RIVERA

JOHN M. LEVENTHAL

LINDA CHRISTOPHER, JJ.

2018-09328 The People, etc., respondent, v Brandyn W. Johnston, appellant. (Ind. No. 17-00342)

DECISION & ORDER ON MOTION

Motion by assigned counsel to be relieved of the assignment to prosecute an appeal from a judgment of the County Court, Rockland County, rendered May 15, 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 August 12, 2019, and the following named attorney was assigned as counsel to prosecute the appeal:

James Licata

Office of the Public Defender

11 New Hempstead Road

New City, NY 10956-3664

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:

Shepard Kays

228 East Route 59, Suite 46

Nanuet, NY 10954

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, LEVENTHAL and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

18-A-2098

Clinton Corr. Fac.

1156 Route 374

PO Box 2000

Dannemora, NY 12929