Appellate Division: Second Judicial Department

M307998

AFA/

BETSY BARROS, J.P.

BARRY E. WARHIT

HELEN VOUTSINAS

SUSAN QUIRK, JJ.

2024-12164 The People, etc., respondent, v Dustin Showers, appellant. (Ind. No. 70452/2021, 408/2022)

DECISION & ORDER ON MOTION

Appeal from a sentence of the County Court, Orange County, rendered April 23, 2024. Renewed motion by the appellant pro se, inter alia, for leave to serve and file a supplemental brief and to be furnished with copies of the typewritten transcripts of the proceedings, if any. Motion by the appellant pro se to relieve assigned counsel and for the assignment of new counsel to prosecute the appeal. The appellant's motion for waiver of costs, fees, and expenses and for the assignment of counsel was granted on December 23, 2024, and the following named attorney was assigned as counsel to prosecute the appeal:

Richard L. Herzfeld

112 Madison Avenue, 8th Fl.

New York, NY 10016

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion to relieve assigned counsel and for the assignment of new counsel 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:

Warren S. Hecht

118-21 Queens Blvd., Suite 518

Forest Hills, NY 11375

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 on the Court's own motion, the appellant's excessive sentence motion and respondent's response to the appellant's excessive sentence motion are stricken; 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 the motion, inter alia, for leave to serve and file a supplemental brief is denied as premature; 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.

BARROS, J.P., WARHIT, VOUTSINAS and QUIRK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court

Appellant's Address:

24-B-1884

Five Points Corr. Fac.

P.O. Box 119

Romulus, NY 14541