People v Barker, Johnathan J.
2026 NY Slip Op 70623(U)
June 17, 2026
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.
The People, etc., respondent,
v
Johnathan J. Barker, appellant.
Supreme Court of the State of New York, Appellate Division : Second Judicial Department
June 17, 2026
2025-04616, 71506/2024
Cheryl E. Chambers, J.P.
Barry E. Warhit
Laurence L. Love
Susan Quirk, JJ.
[*1]DECISION & ORDER ON MOTION
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated June 12, 2026, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Appeal from a judgment of the County Court, Suffolk County, rendered March 25, 2025. Motion by assigned counsel to be relieved of the assignment to prosecute the appeal and for the assignment of new counsel. The appellant's motion for waiver of costs, fees, and expenses and for the assignment of counsel was granted on October 24, 2025, and the following named attorney was assigned as counsel to prosecute the appeal:
Laurette D. Mulry
Legal Aid Society of Suffolk County
300 Center Drive, PO Box 1697
Riverhead, NY 11901-3398
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 the former assigned counsel is 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 as counsel to prosecute the appeal:
Matthew Christiana
199 Cook St., Ste. 308
Brooklyn, NY 11206
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 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 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 shall serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.
CHAMBERS, J.P., WARHIT, LOVE and QUIRK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court
Appellant's Address:
25-B1218
Attica Corr. Fac.
P.O. Box 149
Attica, NY 14011-0149