Appellate Division: Second Judicial Department

M294206

AFA/

COLLEEN D. DUFFY, J.P.

ROBERT J. MILLER

WILLIAM G. FORD

LAURENCE L. LOVE, JJ.

2020-03069 The People, etc., respondent, v Joseph Calixte, Jr., appellant. (Ind. No. 1512/2017)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Nassau County, rendered February 13, 2020. Motion by the appellant to relieve assigned counsel, to substitute retained counsel, and to continue his status as a poor person. The appellant's motion to dispense with printing and for assignment of counsel was granted on February 22, 2021, and the following named attorney was assigned as counsel to prosecute the appeal:

Thomas A. Kenniff

87 Walker St., 2nd Fl.

New York, NY 10013

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:

Jerald S. Carter

1103 Stewart Avenue, Ste. 200

Garden City, NY 11530

and it is further,

ORDERED that the appellant's poor person status is continued; 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 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.

DUFFY, J.P., MILLER, FORD and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court

Appellant's Address:

20-A-0775

Orleans Corr. Fac.

3531 Gains Basin Rd.

Albion, NY 14411