Appellate Division: Second Judicial Department

M287570

AFA/

ANGELA G. IANNACCI, J.P.

CHERYL E. CHAMBERS

DEBORAH A. DOWLING

HELEN VOUTSINAS, JJ.

2021-04828 The People, etc., respondent, v Michael York, appellant. (Ind. No. 598/2019)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Westchester County, rendered May 11, 2021. 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 leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on May 27, 2022, and the following named attorney was assigned as counsel to prosecute the appeal:

Jeffrey P. Scaggs

301 Old Tarrytown Road

White Plains, NY 10603

Upon the papers filed in support of the motion and no papers having been filed in opposition or 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:

Gerald Zuckerman

P.O. Box 392

Croton-on-Hudson, NY 10520

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.

IANNACCI, J.P., CHAMBERS, DOWLING and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court

Appellant's Address:

21-A-0634

Greene Corr. Fac.

P.O. Box 975

Coxsackie, NY 12051-0975