Appellate Division: Second Judicial Department

M270573

kbp/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2016-13060 The People, etc., respondent, v Juan Miguel Lopez, appellant. (Ind. No. 196N/16)

DECISION & ORDER ON MOTION

Appeal by Juan Miguel Lopez from a judgment of the Supreme Court, Nassau County, rendered September 16, 2016. By decision and order on motion of this Court dated February 24, 2017, the appellant was granted poor person relief, and by decision and order on motion of this Court dated June 13, 2018, the following named attorney was assigned as counsel to prosecute the appeal:

Michael A. Fietcher

P.O. Box 1107

Bellmore, NY 11710

The parties filed briefs in the appeal and by decision and order of this Court dated June 26, 2019, the matter was remitted to the Supreme Court, Nassau County, for a hearing on the appellant's application to withdraw his plea of guilty, and thereafter a report to this Court as to the Supreme Court's findings with respect to whether the appellant established his entitlement to withdrawal of the plea, and the appeal was held in abeyance pending receipt of the Supreme Court's report. The Supreme Court submitted a report dated July 18, 2019, and the parties filed supplemental briefs with respect thereto.

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:

Mark Diamond

Box 287356, Yorkville Station

New York, NY 10128

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 as soon as is practicable, assigned counsel shall advise the Court, in writing, whether he is adopting the brief and/or supplemental brief filed by former assigned counsel, whether he is adopting the brief and/or supplemental brief filed by former assigned counsel and will be serving and filing a supplement to the brief and/or supplemental brief, or whether he will be serving and filing a replacement brief and/or supplemental brief, or take any other action with respect to the appeal; 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:

16-R-2812

Ulster Corr. Fac.

750 Berme Rd. P.O. Box 800

Napanoch, NY 12458