Appellate Division: Second Judicial Department

M304546

AFA/

LARA J. GENOVESI, J.P.

ROBERT J. MILLER

DEBORAH A. DOWLING

JAMES P. MCCORMACK, JJ.

2024-04133 The People, etc., respondent, v Luis A. Urgiles, appellant. (Ind. No. 70980/2023)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated March 28, 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, Westchester County, rendered April 23, 2024. Motion by assigned counsel to be relieved of the assignment to prosecute the appeal and for the assignment of new counsel. The appellant was granted waiver of costs, fees, and expenses and was assigned counsel on August 23, 2024, pursuant to Criminal Procedure Law § 380.55(2), and the following named attorney was assigned as counsel to prosecute the appeal:

Clare J. Degnan

Legal Aid Society of Westchester County

150 Grand Street, Suite 100

White Plains, NY 10601

Upon the papers filed in support of the motion and no papers having been filed in opposition or 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:

Marianne Karas

980 Broadway, Ste. 324

Thornwood, NY 10594

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., MILLER, DOWLING and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court