Appellate Division: Second Judicial Department

M272352

AFA/

REINALDO E. RIVERA, J.P.

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2018-03594 The People, etc., respondent, v Rashid Tanveer, appellant. (Ind. No. 206/2015)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Richmond County, rendered June 21, 2017. Motion by the appellant to relieve counsel assigned to prosecute the appeal and to substitute retained counsel. The appellant's motion for poor person relief and assignment of counsel was granted on May 25, 2018, and the following named attorney was assigned as counsel to prosecute the appeal:

Janet E. Sabel

The Legal Aid Society

199 Water Street - 5th Floor

New York, NY 10038

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 following retained counsel is substituted for assigned counsel:

Gary R. DeFilippo

Law Offices of Mark J. Fonte

60 Bay Street, Suite 711

Staten Island, NY 10301

and it is further,

ORDERED that on the Court's own motion, the appellant's brief filed by assigned counsel is hereby stricken and the respondent's brief is hereby stricken; and it is further,

ORDERED that on the Court's own motion, so much of the decision and order on motion of this Court dated May 25, 2018, as granted poor person relief to the appellant is vacated, and the appellant's former assigned counsel is directed to turn over all papers in the above-entitled action to the Clerk of this Court; 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 appeal is extended. Retained 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 retained counsel shall serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.

RIVERA, J.P., MALTESE, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Appellant's Address: Clerk of the Court

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043