Appellate Division: Second Judicial Department

M281793

MB/

MARK C. DILLON, J.P.

VALERIE BRATHWAITE NELSON

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2018-04857 The People, etc., respondent, v Olean Lester, appellant. (Ind. No. 1171/2015)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Queens County, rendered April 4, 2018, upon a plea of guilty. The appellant was granted leave to prosecute the appeal as a poor person by decision and order on motion of this Court dated August 9, 2018, and the appellant's retained counsel died in or about January 2021. By decision and order on motion of this Court dated October 22, 2021, the appellant was directed, inter alia, to move for the assignment of counsel. Application by the People for approval of an alternate method of service of the decision and order on motion dated October 22, 2021, other than by personal service on the defendant, as directed by that order. Motion by the appellant for the assignment of counsel.

Upon the papers filed in support of the application and motion and no papers having been filed in opposition or in relation thereto, it is

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

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to represent the appellant on the appeal:

Patricia Pazner

Appellate Advocates

111 John Street - 9th Floor

New York, New York 10038

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 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; and it is further,

ORDERED that the application is denied as academic.

DILLON, J.P., BRATHWAITE NELSON, CHAMBERS and MILLER, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court

Appellant's Address:

18-R-1491

Otisville Corr. Fac.,

57 Sanitorium Road,

Otisville, NY 10963-0008