Appellate Division: Second Judicial Department

M305872

AFA/

ANGELA G. IANNACCI, J.P.

ROBERT J. MILLER

LILLIAN WAN

CARL J. LANDICINO, JJ.

2024-02721 The People, etc., respondent, v Lenin Munoz-Diaz, appellant. (S.C.I. No. 70667/2021)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Westchester County, rendered October 12, 2023. Motion by assigned counsel to be relieved of the assignment to prosecute the appeal, for the assignment of new counsel, and to strike the appellant's brief. The appellant's motion for waiver of costs, fees, and expenses and for the assignment of counsel was granted on June 28, 2024, and the following named attorney was assigned as counsel to prosecute the appeal:

Jason M. Bernheimer

480 Bedford Road, Suite 3201

Chappaqua, NY 10514-1715

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:

Joan Iacono

2 Overhill road, Ste. 400

Scarsdale, NY 10583

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 brief filed by the appellant's former assigned counsel is stricken, the appellant's assigned counsel shall serve the replacement appellant's brief and upload a digital copy of the replacement appellant's brief, with proof of service thereof, through the digital portal on this Court's website; 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.

IANNACCI, J.P., MILLER, WAN and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court

Appellant's Address:

23-B-4685

Fishkill Corr. Fac.

P.O. Box 1245

Beacon, NY 12508-0307