Appellate Division: Second Judicial Department

M270566

kbp/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2019-05741 The People, etc., respondent, v Arturo Gutierrez, appellant. (S.C.I. No. 747N/18)

DECISION & ORDER ON MOTION

Appeal by Arturo Gutierrez from a judgment of the Supreme Court, Nassau County, rendered September 11, 2018. By decision and order on motion of this Court dated July 23, 2019, the appellant was granted poor person relief, and by decision and order on motion of this Court dated January 3, 2020, the following named attorney was assigned as counsel to prosecute the appeal:

Michael A. Fiechter

PO Box 1107

Bellmore, NY 11710

On the Court's own motion, it is

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Arza R. Feldman

1129 Northern Boulevard, Suite 404

Manhasset, NY 11030

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 defendant's sentencing, including the recommendation sheet and any prior reports on the defendant 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 is directed to 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., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

09346437J

Buffalo Federal Detention Center

4250 Federal Drive

Batavia, NY 14020