Appellate Division: Second Judicial Department

M294720

AFA/

VALERIE BRATHWAITE NELSON, J.P.

JOSEPH J. MALTESE

LINDA CHRISTOPHER

CARL J. LANDICINO, JJ.

2018-15102 The People, etc., respondent, v Luis J. Garcia, appellant. (Ind. No. 2441/2016)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Suffolk County, rendered November 19, 2018. Motion by assigned counsel to be relieved of the assignment to prosecute the appeal, for the assignment of new counsel, and to strike the appellant's brief previously filed. Motion by the appellant pro se to be provided with additional documents to aid in the preparation of his pro se supplemental brief. By decision and order on motion of this Court dated August 14, 2023, the motion of the appellant pro se for leave to serve and file a supplemental brief was granted. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on June 10, 2022, and the following named attorney was assigned as counsel to prosecute the appeal:

Michelle Parisien

865 Old Country Rd., Ste. 226

Riverhead, NY 11901

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

ORDERED that the branches of the motion by assigned counsel to be relieved of the assignment and for the assignment of new counsel are 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 the branch of the motion by assigned counsel to strike the appellant's brief previously filed is granted, and the appellant's brief and the respondent's brief are stricken; and it is further,

ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:

Sabato Caponi

80 Orville Drive, Ste. 100

Bohemia, NY 11716

and it is further,

ORDERED that on the Court's own motion, the decision and order on motion of this Court dated August 14, 2023, is recalled and vacated, without prejudice to renew upon the filing of a new appellant's brief; and it is further,

ORDERED that the appellant's motion to be provided with additional documents to aid in the preparation of his pro se supplemental brief is denied as academic; 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.

BRATHWAITE NELSON, J.P., MALTESE, CHRISTOPHER and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court

Appellant's Address:

18-A-4619

Audburn Corr. Fac.

P.O. Box 618

Auburn, NY 13021