Appellate Division: Second Judicial Department

M297461

AFA/

MARK C. DILLON, J.P.

ROBERT J. MILLER

DEBORAH A. DOWLING

HELEN VOUTSINAS, JJ.

2023-05064 The People, etc., respondent, v Anthony N. Guzzardo, appellant. (Ind. Nos. 70279/2021, 83/2021)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Dutchess County, rendered January 17, 2023. Motion by the appellant pro se, in effect, to relieve assigned counsel, to strike the brief filed by assigned counsel, and for the assignment of new counsel. Motion by assigned counsel for the appellant to be relieved of the assignment to prosecute the appeal and for the assignment of new counsel. The appellant's motion for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted on October 27, 2023, and the following named attorney was assigned as counsel to prosecute the appeal:

Salvatore C. Adamo

1345 Avenue of the Americas, 2nd Fl.

New York, NY 10105

Upon the papers filed in support of the motion by the appellant pro se and the papers filed in opposition thereto, and upon the papers filed in support of the motion by assigned counsel and the papers filed in relation thereto, it is

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

Kelley M. Enderley

222 Church Street 1st Fl.

Poughkeepsie, NY 12601

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 brief is stricken; and it is further,

ORDERED that on the Court's own motion, the respondent's brief is stricken; 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.

DILLON, J.P., MILLER, DOWLING and VOUTSINAS, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court

Appellant's Address:

23-B-0442

Franklin Corr. Fac.

P.O. Box 10

Malone, NY 12953