Appellate Division: Second Judicial Department

M271772

E/sl

CHERYL E. CHAMBERS, J.P.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

PAUL WOOTEN, JJ.

2019-02474 The People, etc., respondent, v Michael J. Fahey, appellant. (Ind. No. 1368N/2017)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Nassau County, rendered September 6, 2018, upon a plea of guilty. By decision and order on motion of this Court dated April 30, 2019, the following named attorney was assigned as counsel to prosecute the appeal:

Martin Geduldig

329 South Oyster Bay Road, Suite 228

Plainview, New York 11803

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:

Andrew E. MacAskill

734 Franklin Avenue, #372

Garden City, NY 11530

and it is further,

ORDERED that as soon as is practicable, assigned counsel shall either (1) advise the Court, in writing, that he is adopting the brief filed by former assigned counsel, (2) advise the Court, in writing, that he is adopting the brief filed by former assigned counsel and serve and file a supplemental brief, or (3) serve and file a replacement brief; 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 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.

CHAMBERS, J.P., HINDS-RADIX, LASALLE and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court