Appellate Division: Second Judicial Department

M306701

AFA/

LARA J. GENOVESI, J.P.

ROBERT J. MILLER

WILLIAM G. FORD

LOURDES M. VENTURA, JJ.

2022-03729 The People, etc., respondent, v Kahzmel Stewart, appellant. (Ind. No. 5011/2016)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, rendered May 9, 2022. Motion by the appellant to relieve assigned counsel, to substitute retained counsel, and, in effect, to amend the caption to correct the spelling of the appellant's name. The appellant was granted waiver of costs, fees, and expenses and was assigned counsel on May 25, 2022, pursuant to CPL 380.55(2) and the following named attorney was assigned as counsel to prosecute the appeal:

Patricia Pazner

Appellate Advocates

111 John Street - 9th Floor

New York, New York 10038

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 branch of the motion which is, in effect, to amend the caption to correct the spelling of the appellant's name is denied; and it is further,

ORDERED that the branches of the motion which are to relieve assigned counsel and to substitute retained counsel are granted, and the following attorney is substituted as retained counsel:

Green & Willstatter

200 Mamaroneck Ave., Ste. 605

White Plains, NY 10601

914-948-5656

and it is further,

ORDERED that on the Court's own motion, so much of the decision and order on motion of this Court dated May 25, 2022, as granted waiver of costs, fees, and expenses to the appellant is vacated, and the appellant's former assigned counsel is directed to turn over all papers in the above-entitled action to the Clerk of this Court; 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.

GENOVESI, J.P., MILLER, FORD and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court

Appellant's Address:

22-B-2117

Upstate Corr. Fac.

P.O. Box 2000

Malone, NY 12953