Appellate Division: Second Judicial Department

M278325

AFA/

LEONARD B. AUSTIN, J.P.

COLLEEN D. DUFFY

BETSY BARROS

JOSEPH A. ZAYAS, JJ.

2012-03359 The People, etc., respondent, v Jason Walker, appellant. (Ind. No. 3784/2009)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, rendered April 3, 2012. Motion by the appellant to relieve assigned counsel, to substitute retained counsel, to continue his status as a poor person, and, in effect, for leave to file a replacement brief. The appellant's motion to dispense with printing and for assignment of counsel was granted on January 24, 2017, and the following named attorney was assigned as counsel to prosecute the appeal:

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 opposition 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:

Richard E. Mischel

One Whitehall Street, 10th Floor

New York, NY 10004

212-425-5191

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 brief filed by the appellant's assigned counsel is stricken, and on or before September 21, 2021, the appellant's retained counsel shall serve the replacement appellant's brief and upload a digital copy of the replacement appellant's brief, with proof of service thereof, through the digital portal on this Court's website; 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.

AUSTIN, J.P., DUFFY, BARROS and ZAYAS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

12-A-1683

Sing Sing Cor. Fac.

354 Hunter St.

Ossining, NY 10562-5442