Appellate Division: Second Judicial Department

M293000

AFA/

VALERIE BRATHWAITE NELSON, J.P.

JOSEPH J. MALTESE

DEBORAH A. DOWLING

HELEN VOUTSINAS, JJ.

2023-05263, 2023-05266 The People, etc., respondent, v Enrique Simmons, appellant. (Ind. Nos. 70325/2019, 631/2019, 70326/2019, 314/2019)

DECISION & ORDER ON MOTION

Appeals from two judgments of the County Court, Orange County, both rendered April 20, 2023. Motion by assigned counsel to be relieved of the assignment to prosecute the appeals and for the assignment of new counsel. The appellant's motion for leave to prosecute the appeals as a poor person and for the assignment of counsel was granted on July 7, 2023, and the following named attorney was assigned as counsel to prosecute the appeals:

Alex Smith

6 North Street

Middletown, NY 10940

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

Thomas R. Villecco

366 North Broadway, Ste. 410

Jericho, NY 11753

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 appeals is extended; assigned counsel shall prosecute the appeals 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 appeals are taken.

BRATHWAITE NELSON, J.P., MALTESE, DOWLING and VOUTSINAS, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court

Appellant's Address:

23-B-2059

Clinton Corr. Fac.

P.O. Box 2001

Dannemora, NY 12929