Appellate Division: Second Judicial Department

M291141

AFA/

COLLEEN D. DUFFY, J.P.

ROBERT J. MILLER

PAUL WOOTEN

LAURENCE L. LOVE, JJ.

2018-01313 The People, etc., respondent, v Darrell Cantie, appellant. (Ind. No. 7313/2014)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, rendered April 5, 2017. Motion by assigned counsel to be relieved of the assignment to prosecute the appeal and for the assignment of new counsel. Separate motion by the appellant to extend the time to file a brief. On January 12, 2022, the following named attorney was assigned as counsel to prosecute the appeal:

Twyla Carter

The Legal Aid Society

199 Water Street - 5th Floor

New York, NY 10038

Upon the papers filed in support of the motions and the papers filed in relation thereto, it is

ORDERED that the motion to be relieved of the assignment to prosecute the appeal 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 separate motion by the appellant to extend the time to file a brief is granted, and on or before October 20, 2023, the appellant shall serve and file the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website; 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., MILLER, WOOTEN and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court

Appellant's Address:

702 Rockaway Ave., #4E

Brooklyn, NY 11212