Appellate Division: Second Judicial Department

M278243

AFA/

REINALDO E. RIVERA, J.P.

BETSY BARROS

VALERIE BRATHWAITE NELSON

DEBORAH A. DOWLING, JJ.

2019-02968, 2020-07186 The People, etc., respondent, v Oleg Korsuntsev, appellant. (Ind. No. 7229/2016)

DECISION & ORDER ON MOTION

Appeal, by permission, from an order of the Supreme Court, Kings County, dated August 6, 2020, and separate appeal from a judgment of the same court rendered February 25, 2019.

Motion by the appellant to relieve assigned counsel, to substitute retained counsel, and, in effect, to continue his status as a poor person. The appellant's motion to dispense with printing and for the assignment of counsel was granted on October 28, 2019, and the following named attorney was assigned as counsel to prosecute the appeals:

Paul Skip Laisure

Appellate Advocates

111 John Street - 9th Floor

New York, New York 10038

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 retained counsel:

John R. Lewis

36 Hemlock Drive

Sleepy Hollow, NY 10591

and it is further,

ORDERED that the appellant's poor person status is continued; 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 appeals is extended. Retained 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 retained counsel shall serve a copy of this decision and order on motion upon the clerk of the court from which the appeals are taken.

RIVERA, J.P., BARROS, BRATHWAITE NELSON and DOWLING, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

19-R-0464

Wallkill Corr. Fac.

P.O. Box G

Wallkill, NY 12589-0286