Appellate Division: Second Judicial Department

M269317

kbp/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2019-03650 The People, etc., respondent, v James Lee Davis, appellant. (Ind. No. 142/18)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Dutchess County, rendered March 7, 2019. The appellant's motion for poor person relief and the assignment of counsel was granted on July 10, 2019, and the following named attorney was assigned to prosecute the appeal:

Terry D. Horner

81 So. Hamilton Street

Poughkeepsie, New York 12601

On the Court's own motion, it is

ORDERED that previously assigned counsel is relieved of the assignment and 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 to prosecute the appeal:

Thomas T. Keating

39A Cedar Street

Dobbs Ferry, NY 10522

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 pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated 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 is directed to serve a copy of this order 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