Appellate Division: Second Judicial Department

M298132

AFA/

ANGELA G. IANNACCI, J.P.

LARA J. GENOVESI

LILLIAN WAN

CARL J. LANDICINO, JJ.

2023-09944 The People, etc., respondent, v Anthony H. Baptiste, appellant. (Ind. No. 70022/2016)

DECISION AND ORDER ON MOTION

Appeal from a resentence of the County Court, Suffolk County, rendered August 4, 2023. Motion by the appellant pro se for leave to prosecute the appeal as a poor person and for the assignment of counsel. By order to show cause dated May 17, 2024, the appellant was directed to show cause before this Court why the appeal should not be dismissed on the ground that the notice of appeal from the resentence was untimely, or, if so advised, to make a motion pursuant to CPL 460.30 to deem the notice of appeal timely filed, counsel was assigned to respond to the order to show cause or to make a motion pursuant to CPL 460.30, and the appellant's motion was held in abeyance in the interim. Motion by assigned counsel to be relieved of the forgoing assignment and for the assignment of new counsel. The following named attorney was assigned as counsel to respond to the order to show cause or to make a motion pursuant to CPL 460.30:

Steven A. Feldman

1129 Northern Blvd., Ste. 404

Manhasset, NY 11030

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

ORDERED that the motion by assigned counsel to be relieved of the foregoing assignment and for the assignment of new counsel 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 respond to the order to show cause or to make a motion pursuant to CPL 460.30:

Sabato Caponi

80 Orville Drive, Ste. 100

Bohemia, NY 11716

and it is further,

ORDERED that on the Court's own motion, the appellant's time to respond to the order to show cause of this Court dated May 17, 2024, by uploading an affirmation or an affidavit on the issue of why the appeal should not be dismissed on the ground that the notice of appeal from the resentence was untimely (see CPL 460.30), with proof of service thereof, through the digital portal on this Court's website or, if so advised, to make a motion pursuant to CPL 460.30 to deem the notice of appeal timely filed, is extended to August 30, 2024; and it is further,

ORDERED that the appellant's motion is held in abeyance pending determination of this Court's motion to dismiss the appeal; and it is further,

ORDERED that the Clerk of this Court, or his designee, is directed to serve a copy of this decision and order on motion upon the appellant at the appellant's last known place of residence, or, if the appellant is imprisoned, at the institution in which the appellant is confined, upon the attorney named above, and upon the District Attorney, by ordinary mail pursuant to CPL 470.60(2).

IANNACCI, J.P., GENOVESI, WAN and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court