Appellate Division: Second Judicial Department

M302767

AFA/

ROBERT J. MILLER, J.P.

DEBORAH A. DOWLING

LILLIAN WAN

DONNA-MARIE E. GOLIA, JJ.

2024-03335 The People, etc., respondent, v Tonya Best, appellant. (Ind. Nos. 70357/2022, 126/2022)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated January 22, 2025, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Appeal from a judgment of the County Court, Orange County, rendered March 29, 2024. Motion by assigned counsel to be relieved of the assignment to prosecute the appeal and for the assignment of new counsel. Pursuant to Criminal Procedure Law § 380.55(2), the appellant was granted waiver of costs, fees, and expenses, and by decision and order on motion dated July 3, 2024, the following named attorney was assigned as counsel to prosecute the appeal:

Christopher Brennar Sevier

P.O. Box 75

Montgomery, NY 12549

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 appeal:

Kenyon C. Trachte

1662 Route 300

Mailbox #12

Newburgh, NY 12550

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.

MILLER, J.P., DOWLING, WAN and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court

Appellant's Address:

24-G-0211

Taconic Correctional Facility

250 Harris Road

Bedford Hills, NY 10507-2400