Appellate Division: Second Judicial Department

M302599

ID/

LARA J. GENOVESI, J.P.

VALERIE BRATHWAITE NELSON

BARRY E. WARHIT

JAMES P. MCCORMACK, JJ.

2023-02722 The People, etc., respondent, v Juan Bernardez, appellant. (Ind. Nos. 70003/2007, 54/2007)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated January 25, 2023, issued pursuant to CPL 440.47. Motion by assigned counsel to be relieved of the assignment to prosecute the appeal and for the assignment of new counsel. The appellant's motion for waiver of costs, fees, and expenses and for the assignment of counsel was granted on April 1, 2024, and the following named attorney was assigned as counsel to prosecute the appeal:

Gerald Zuckerman

P.O. Box 392

Croton-on-Hudson, NY 10520

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 appeal:

Anthony M. Giordano

23 Spring St. Ste 204A

Ossining, NY 10562

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 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.

GENOVESI, J.P., BRATHWAITE NELSON, WARHIT and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court

Appellant's Address:

08-A-6575

Greene Haven Corr. Fac.

594 Route 216

Stormville, NY 12582-0010