Appellate Division: Second Judicial Department

M288343

AFA/

VALERIE BRATHWAITE NELSON, J.P.

JOSEPH J. MALTESE

PAUL WOOTEN

LILLIAN WAN, JJ.

2022-05192 The People, etc., respondent, v Brayan Castano, appellant. (Ind. No. 1784/2018)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Nassau County, rendered June 3, 2022. Motion by the appellant to relieve assigned counsel and to substitute retained counsel. The appellant's motion to dispense with printing and for assignment of counsel was granted on August 8, 2022, and the following named attorney was assigned as counsel to prosecute the appeal:

Leon H. Tracy

366 No. Broadway, Ste. 410, #D9

Jericho, NY 11753

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 said assigned counsel is directed to turn over all papers in the action to the retained counsel:

Zachary S. Segal

40 Fulton St., 17th Fl.

New York, NY 10038

and it is further,

ORDERED that on the Court's own motion, so much of the decision and order on motion of this Court dated August 8, 2022, as granted poor person relief to the appellant is vacated, and the appellant's former assigned counsel is directed to turn over all papers in the above-entitled action to the Clerk of this Court; 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 appellant's time to perfect the appeal is extended. Retained 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 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.

BRATHWAITE NELSON, J.P., MALTESE, WOOTEN and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court

Appellant's Address:

22-B-3086

Sing Sing Corr. Fac.

354 Hunter St.

Ossining, NY 10562