Appellate Division: Second Judicial Department

M304010

AFA/

MARK C. DILLON, J.P.

VALERIE BRATHWAITE NELSON

BARRY E. WARHIT

LAURENCE L. LOVE, JJ.

2023-11325 The People, etc., respondent, v Glen Campbell, appellant. (Ind. Nos. 70017/2010, 2576/2010)

DECISION & ORDER ON MOTION

Appeal from an order of the County Court, Nassau County, dated October 16, 2023, issued pursuant to CPL 440.47. Motion by the appellant to relieve assigned counsel, to substitute retained counsel, and to continue his status as a party with insufficient means to pay costs, fees, and expenses. The appellant's motion for waiver of costs, fees, and expenses and for assignment of counsel was granted on April 1, 2024, and the following named attorney was assigned as counsel to prosecute the appeal:

Warren Landau

448 West Broadway

Cedarhurst, NY 11516

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 said assigned counsel is directed to turn over all papers in the action to the retained counsel:

Rosenberg Law Firm

137 Court Street, 2nd Fl.

Brooklyn, NY 11201

and it is further,

ORDERED that the appellant's status as a party with insufficient means to pay costs, fees, and expenses is continued; 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 retained 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 in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if retained counsel cites or relies upon the probation report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to the Court and the District Attorney's office prior to the filing of such brief or motion; and it is further,

ORDERED that the appellant's time to perfect the appeal is extended. Retained 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 retained counsel shall serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.

DILLON, J.P., BRATHWAITE NELSON, WARHIT and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court

Appellant's Address:

11-A-5427

Attica Corr. Fac.

P.O. Box 149

Attica, NY 14011-0149