Appellate Division: Second Judicial Department

M305873

AFA/

ANGELA G. IANNACCI, J.P.

ROBERT J. MILLER

LILLIAN WAN

CARL J. LANDICINO, JJ.

2021-03444 The People, etc., respondent, v Jerome Smith, appellant. (Ind. No. 2481/2015)

DECISION & ORDER ON MOTION

Appeal from an amended sentence of the Supreme Court, Queens County, rendered April 21, 2021. Motion by the appellant pro se to relieve counsel assigned to prosecute the appeal and for leave to prosecute the appeal pro se, or, in the alternative, to assign new counsel. The appellant's motion for waiver of costs, fees, and expenses was granted on July 30, 2021, and the following named attorney was assigned as counsel to prosecute the appeal:

Twyla Carter

The Legal Aid Society

199 Water Street - 5th Floor

New York, NY 10038

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted to the extent that 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:

Steven A. Feldman

1129 Northern Blvd., Ste. 404

Manhasset, NY 11030

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; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

Darrell M. Joseph

Clerk of the Court

Appellant's Address:

17-A-1510

Green Haven Corr. Fac.

594 Route 216

Stormville, NY 12582-0010