Appellate Division: Second Judicial Department

M273376

AFA/

WILLIAM F. MASTRO, J.P.

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2018-15122 The People, etc., respondent, v Kenny Bazile, appellant. (Ind. No. 4634/2016

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, rendered September 12, 2018. Motion by the appellant to relieve assigned counsel and to substitute retained counsel. The appellant's motion to dispense with printing and for assignment of counsel was granted on August 19, 2020, and the following named attorney was assigned as counsel to prosecute the appeal:

Charles T. Glaws

c/o Gruvman Giordano & Glaws LLP

61 Broadway, Suite 2235

New York, NY 10006

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted, and said assigned counsel is directed to turn over all papers in the action to the retained counsel:

John R. Lewis

36 Hemlock Drive

Sleepy Hollow, NY 10591

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 August 19, 2020, 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.

MASTRO, J.P., BRATHWAITE NELSON, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

18-A-3552

Attica Corr. Fac.

P.O. Box 149

Attica, NY 14011-0149