Appellate Division: Second Judicial Department

M302078

ID/

ANGELA G. IANNACCI, J.P.

LINDA CHRISTOPHER

LILLIAN WAN

LAURENCE L. LOVE, JJ.

2022-07821 The People, etc., respondent, v Almalik Keller, appellant. (Ind. No. 70396/2021)

DECISION & ORDER ON MOTION

2023-03322

The People, etc., respondent,

v Almalik Keller, appellant.

(Ind. No. 70396/2021)

Appeals from a judgment of the County Court, Suffolk County, rendered August 24, 2022, and a resentence of the same court rendered February 8, 2023. 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 April 21, 2023. On April 12, 2024, the following named attorney was assigned as counsel to prosecute the appeals:

Michael Blakey

64C Old Riverhead Road

Westhampton Beach, NY 11978

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

Charles Von Schmidt

9100 Republic Airport, Hanger Three

Farmingdale, NY 11735

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.

IANNACCI, J.P., CHRISTOPHER, WAN and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court

Appellant's Address:

22-B-3896

Upstate Corr. Fac.

P.O. Box 2000

Malone, NY 12953