Appellate Division: Second Judicial Department

M271319

/afa

LEONARD B. AUSTIN, J.P.

JOSEPH J. MALTESE

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2019-05199, 2019-05200 The People, etc., respondent, v Maurice Blakey, appellant. (S.C.I. Nos. 1308/2018, 2225A/2017)

DECISION & ORDER ON MOTION

Appeals from two judgments of the County Court, Suffolk County, both rendered September 26, 2018. Motion by assigned counsel to be relieved of the assignment to prosecute the appeals and for the assignment of new counsel. The appellant's motion for leave to prosecute the appeals as a poor person and for the assignment of counsel was granted on October 29, 2019, and the following named attorney was assigned as counsel to prosecute the appeals:

Laurette D. Mulry

Legal Aid Society of Suffolk County

300 Center Drive

PO Box 1697

Riverhead, NY 11901-3398

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 the former assigned counsel is 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 as counsel to prosecute the appeals:

Mark Diamond

Box 287356

Yorkville Station, 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 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 the appellant's time to perfect the appeals is extended; assigned 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 assigned counsel shall serve a copy of this decision and order on motion upon the clerk of the court from which the appeals are taken.

AUSTIN, J.P., MALTESE, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

18-A-4130

Mid-State Corr. Fac.

P.O. Box 2500

Marcy, NY 13403