Appellate Division: Second Judicial Department

M308876

ID/

LARA J. GENOVESI, J.P.

LINDA CHRISTOPHER

LILLIAN WAN

DONNA-MARIE E. GOLIA, JJ.

2021-06844 The People, etc., respondent, v Savian Kirton, appellant. (Ind. No. 661/2019)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Westchester County, rendered May 24, 2021. Motion by appellant pro se to relieve assigned counsel of the assignment to prosecute the appeal and for the assignment of new counsel. Motion by assigned counsel to be relieved of the assignment to prosecute the appeal and for the assignment of new counsel. On October 25, 2024 the following named attorney was assigned as counsel to prosecute the appeal:

Marianne Karas

980 Broadway, Suite 324

Thornwood, NY 10594

Upon the papers filed in support of the motion by the appellant pro se and the papers filed in relation thereto, and upon the papers filed in support of the motion by assigned counsel and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motions are 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:

Jason M. Bernheimer

480 Bedford Road, Suite 3201

Chappaqua, NY 10514

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., CHRISTOPHER, WAN and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court

Appellant's Address:

21-A-0829

Cayuga Correctional Facility

2202 State Route 38A, PO Box 1186

Moravia, NY 13118-1150