Appellate Division: Second Judicial Department

M269946

kbp/

WILLIAM F. MASTRO, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2016-11864, 2019-08469 The People, etc., respondent, v John Stiebritz, appellant. (Ind. No. 141/15)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve assigned counsel on an appeal from a judgment of the County Court, Dutchess County, rendered October 7, 2016, and an appeal, by permission, from an order of the same court dated May 8, 2019, to substitute retained counsel, and to continue his status as a poor person. The appellant was granted poor person relief and the assignment of counsel with respect to the judgment by decision and order on motion dated December 24, 2018, was granted poor person relief and the assignment of counsel with respect to the order by decision and order on motion dated September 19, 2019, and the following named attorney was assigned as counsel to prosecute the appeals:

Gary E. Eisenberg

10 Esquire Road, Suite 10

New City, NY 10956

Upon the papers filed in support of the motion and no papers having been filed in opposition or 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:

Jonathan I. Edelstein

Edelstein & Grossman

501 Fifth Avenue, Suite 514

New York, NY 10017

and it is further,

ORDERED that the appellant's poor person status is continued; 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 appeals is extended. Retained counsel shall prosecute the appeals 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 appeals are taken.

MASTRO, J.P., HINDS-RADIX, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

16-A-4270

Five Points Corr. Fac.

P.O. Box 119

Romulus, NY 14541