Appellate Division: Second Judicial Department

M267991

kbp/

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

ROBERT J. MILLER

LINDA CHRISTOPHER, JJ.

2018-02138 The People, etc., respondent, v Michael Franzese, appellant. (Ind. No. 1485/16)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve assigned counsel on an appeal from a judgment of the Supreme Court, Queens County, rendered January 26, 2018, and to substitute retained counsel. The appellant's motion to dispense with printing and for assignment of counsel was granted on July July 30, 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 motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted, and said assigned counsel is directed to turn over all papers in the action to the retained counsel:

Randall D. Unger

125-10 Queens Boulevard, Suite 5

Kew Gardens, NY 11415

and it is further,

ORDERED that on the Court's own motion, so much of the decision and order on motion of this Court dated July 30, 2018, as granted poor person relief to the appellant is vacated, and the appellant's former assigned counsel is directed to turn over all papers in the above-entitled action to the Clerk of this Court; 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 retained 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 in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if retained counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that the appellant's time to perfect the appeal is extended. Retained 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 retained counsel shall serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.

BALKIN, J.P., LEVENTHAL, MILLER and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

18-R-0299

Cape Vincent Corr. Fac.

365 State Rte 12E

Cape Vincent, NY 13618-0599