Appellate Division: Second Judicial Department

M290373

AFA/

COLLEEN D. DUFFY, J.P.

VALERIE BRATHWAITE NELSON

DEBORAH A. DOWLING

BARRY E. WARHIT, JJ.

2010-02842 The People, etc., respondent, v Mark Blue, appellant. (Ind. No. 397/2009)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Westchester County, rendered February 22, 2010. Motion by the appellant pro se to relieve assigned counsel 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 April 29, 2010, and the following named attorney was assigned as counsel to prosecute the appeal:

Kenneth L. Bunting

125 Dobbs Ferry Road

White Plains, NY 10607-2004

Upon the papers filed in support of the motion and the papers filed in opposition 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:

Mark Diamond

Box 388

Pound Ridge, NY 10576-9919

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.

DUFFY, J.P., BRATHWAITE NELSON, DOWLING and WARHIT, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court

Appellant's Address:

10-A-0954

Wallkill Corr. Fac.

P.O. Box G

Wallkill, NY 12589