Appellate Division: Second Judicial Department

M279245

E/sl

CHERYL E. CHAMBERS, J.P.

FRANCESCA E. CONNOLLY

JOSEPH A. ZAYAS

DEBORAH A. DOWLING, JJ.

2021-00198, 2021-00200, 2021-00923 The People, etc., respondent, v Bradley Augustin, appellant. (Ind. Nos. 7/2019, 480/2019, 327/2018)

DECISION & ORDER ON MOTION Motion for Poor Person Relief and to Assign Counsel

Appeals from three judgments of the County Court, Orange County, all rendered December 16, 2020, upon pleas of guilty. Motion by the appellant to sever the appeal under Appellate Division Docket No. 2021-00923 from the other appeals, to substitute retained counsel for assigned counsel with respect to that appeal, and, in effect, to continue his status as a poor person with respect to that appeal. Separate motion by the appellant's assigned counsel to be relieved and for the assignment of new counsel. By decision and order on motion of this Court dated March 26, 2021, the appellant was granted poor person relief and the following named attorney was assigned as counsel to prosecute the appeals:

Paul N. Weber

P.O. Box 330

Cornwall, NY 12518

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

ORDERED that the motion by the appellant is granted; and it is further,

ORDERED that the appeal under Appellate Division Docket No. 2021-00923 is severed from the appeals under Appellate Division Docket Nos. 2021-00198 and 2021-00200; and it is further,

ORDERED that the branch of the motion by the appellant's assigned counsel which is to be relieved is granted, and Paul N. Weber is relieved of the assignment and directed to turn over copies of all papers to retained counsel under Appellate Division Docket No. 2021-00923 and counsel herein assigned under Appellate Division Docket Nos. 2021-00198 and 2021-00200; and it is further,

ORDERED that Larkin Ingrassia, LLP, 356 Meadow Avenue, Newburgh, New York 12550, is substituted as retained counsel for the appeal under Appellate Division Docket No. 2021-00923; and it is further,

ORDERED that the appellant's poor person status is continued with respect to the appeal under Appellate Division Docket No. 2021-00923; and it is further,

ORDERED that the branch of the motion by the appellant's assigned counsel which is to assign new counsel is granted to the extent that, pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeals under Appellate Division Docket Nos. 2021-00198 and 2021-00200, and that branch of the motion is otherwise denied:

Christopher Berger

6 McNamara Drive

Campbell Hall, NY 10916

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 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 assigned 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 and assigned counsel shall prosecute the respective 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 and assigned counsel are directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeals are taken.

CHAMBERS, J.P., CONNOLLY, ZAYAS and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court

Appellant's Address:

21-R-0189

Mohawk Corr. Fac.

PO Box 8451

Rome, NY 13442