Appellate Division: Second Judicial Department

M309882

AFA/

FRANCESCA E. CONNOLLY, J.P.

VALERIE BRATHWAITE NELSON

BARRY E. WARHIT

ELENA GOLDBERG VELAZQUEZ, JJ.

2025-02996, 2025-02998, 2025-02999 The People, etc., respondent, v Marcquise A. Porter, appellant. (Ind. Nos. 72203/2022, 72124/2023, S.C.I. No. 72307/2022)

DECISION & ORDER ON MOTION

Appeals by Marcquise A. Porter from three judgments of the County Court, Nassau County, all rendered February 11, 2025. The appellant was granted waiver of costs, fees, and expenses and the assignment of counsel on April 9, 2025, pursuant to Criminal Procedure Law § 380.55(2), and the following named attorney was assigned to prosecute the appeals:

Leon H. Tracy

1225 Franklin Ave., Ste. 325

Garden City, NY 11530

On the Court's own motion, it is

ORDERED that previously assigned counsel is relieved of the assignment and 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 to prosecute the appeals:

Arza R. Feldman

1129 Northern Blvd., Suite 404

Manhasset, New York 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 pre-sentence report prepared in connection with the defendant's sentencing, including the recommendation sheet and any prior reports on the defendant which are incorporated 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 brief filed on September 8, 2025, and the respondent's brief filed on November 5, 2025, are stricken, the determination to permit the defendant to file a supplemental pro se brief is vacated, and the appellant's application for leave to file a supplemental pro se brief is denied without prejudice to renew after assigned counsel files a replacement brief; and it is further

ORDERED that the appellant's time to perfect the appeals is extended; assigned counsel shall prosecute the appeals expeditiously in accordance with this Court's rules (see 22 NYCRR 1250.9) and written directions; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken.

CONNOLLY, J.P., BRATHWAITE NELSON, WARHIT and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court

Appellant's address:

25-R-0949

Mohawk Corr. Fac.

P.O. Box 8451

Rome, NY 13442