Appellate Division: Second Judicial Department

M300302

KS/BETSY BARROS, J.P.

JOSEPH J. MALTESE

BARRY E. WARHIT

CARL J. LANDICINO, JJ.

2018-09333, 2024-10974 The People, etc., respondent, v Akim Adams, appellant. (Ind. Nos. 2300/2016, 01574/2017)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated April 24, 2024, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeals from two judgments of the County Court, Suffolk County, both rendered June 18, 2018. Motion by the appellant pro se to extend the time to serve and file a supplemental brief. Separate motion by the appellant pro se to be furnished with additional documents to aid in the preparation of the pro se supplemental brief. Separate motion by the appellant pro se to relieve assigned counsel and for the assignment of new counsel. The following named attorney was assigned as counsel for the appellant by decision and order on motion dated March 10, 2021:

Thomas J. Butler

P.O. Box 665

Melville, New York 11747

Upon the papers filed in support of the motions to extend the time to serve and file a pro se supplemental brief and to be furnished with additional documents to aid in the preparation of the pro se supplemental brief and the papers filed in opposition thereto, and upon the papers filed in support of the motion to relieve assigned counsel and for the assignment of new counsel and the papers filed in relation thereto, it is

ORDERED that the motion to relieve assigned counsel 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 prosecute the appeals:

Laurette D. Mulry

Legal Aid Society of Suffolk County

300 Center Drive, PO Box 1697

Riverhead, NY 11901-3398

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 on the Court's own motion, the appellant's brief and the respondent's brief are stricken; and it is further,

ORDERED that the decision and order on motion of this Court dated August 18, 2021, which granted the motion by the appellant pro se for leave to serve and file a supplemental brief and to be furnished with copies of the typewritten transcripts of the proceedings, if any, is recalled and vacated, and the motion for leave to serve and file a pro se supplemental brief is denied as premature; and it is further,

ORDERED that the motion by the appellant to extend the time to serve and file a supplemental brief and the separate motion by the appellant pro se to be furnished with additional documents to aid in the preparation of the pro se supplemental brief are denied as academic; and it is further,

ORDERED that the appellant's time to perfect the appeals is extended; assigned counsel shall prosecute the appeals 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 appeals are taken.

BARROS, J.P., MALTESE, WARHIT and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court

Appellant's Address:

18-A-2561

Auburn Corr. Fac.

P.O. Box 618

Auburn, NY 13021