Appellate Division: Second Judicial Department

M301353

AFA/

COLLEEN D. DUFFY, J.P.

LINDA CHRISTOPHER

BARRY E. WARHIT

JANICE A. TAYLOR, JJ.

2024-03425, 2024-03438 The People, etc., respondent, v Socrates Sombillo, appellant. (Ind. Nos. 72665/2022, 73591/2022)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated October 16, 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 Supreme Court, Queens County, both rendered April 16, 2024. Motion by assigned counsel to be relieved of the assignment to prosecute the appeals and for the assignment of new counsel. The appellant's motion for leave to prosecute the appeals as a poor person and for the assignment of counsel was granted on June 10, 2024. The following named attorney was assigned as counsel to prosecute the appeals:

Twyla Carter

The Legal Aid Society

199 Water Street - 5th Floor

New York, NY 10038

Upon the papers filed in support of the motion and the papers filed 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 appeals:

Randall Unger

125-10 Queens Blvd., Ste. 302

Kew Gardens, NY 11415

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 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.

DUFFY, J.P., CHRISTOPHER, WARHIT and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043