Appellate Division: Second Judicial Department

M295643

AFA/

ANGELA G. IANNACCI, J.P.

JOSEPH J. MALTESE

WILLIAM G. FORD

CARL J. LANDICINO, JJ.

2024-00149 The People, etc., respondent, v Jason R. Volpe, appellant. (Ind. No. 70114/2021)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Rockland County, rendered November 22, 2023. Motion by assigned counsel to be relieved of the assignment to prosecute the appeal and for the assignment of new counsel. The appellant was granted poor person relief and assigned counsel to prosecute the appeal pursuant to Criminal Procedure Law § 380.55(2) by decision and order on motion of this Court dated February 26, 2024, and the following named attorney was assigned as counsel to prosecute the appeal:

James D. Licata

Office of the Public Defender

11 New Hempstead Road

New City, NY 10956-3664

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 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:

Steven Feinman

One North Broadway, Ste. 412

White Plains, NY 10601

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.

IANNACCI, J.P., MALTESE, FORD and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court

Appellant's Address:

23-B-5235

Collins Corr. Fac.

P.O. Box 340

Collins, NY 14034-0340