Appellate Division: Second Judicial Department

M276779

AFA/

WILLIAM F. MASTRO, A.P. J.

REINALDO E. RIVERA

MARK C. DILLON

CHERYL E. CHAMBERS

LEONARD B. AUSTIN, JJ.

2019-12800 People of State of New York, respondent, v Edward Hysmith, appellant.

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated September 10, 2019. The appellant's motion for poor person relief and the assignment of counsel was granted on November 19, 2019, and the following named attorney was assigned to prosecute the appeal:

Anthony J. Messina

282 Katonah Avenue #156

Katonah, New York 10536

On the Court's own motion, it is

ORDERED that previously assigned counsel is relieved of the assignment and 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 to prosecute the appeal:

Jeffrey P. Scaggs

301 Old Tarrytown Road

White Plains, NY 10603

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 pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated 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 appeal is extended; assigned 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 assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

MASTRO, A.P.J., RIVERA, DILLON, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court