Appellate Division: Second Judicial Department

M295147

AFA/

MARK C. DILLON, J.P.

LARA J. GENOVESI

JANICE A. TAYLOR

LOURDES M. VENTURA, JJ.

2018-13488 The People, etc., respondent, v Jose Juarez, appellant. (Ind. No. 466/2018)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Westchester County, rendered September 18, 2018. The appellant's motion for poor person relief and the assignment of counsel was granted on January 14, 2019, and the following named attorney was assigned to prosecute the appeal:

Karl A. Scully

33 Del Rey Drive

Mount Vernon, NY 10552

On the Court's own motion, it is

ORDERED that previously assigned counsel is relieved of the assignment and 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 to prosecute the appeal:

Steven A. Feldman

1129 Northern Blvd., Ste. 404

Manhasset, NY 11030

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 pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated 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 is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.

DILLON, J.P., GENOVESI, TAYLOR and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court