Appellate Division: Second Judicial Department

M310588

ID/

LARA J. GENOVESI, J.P.

LINDA CHRISTOPHER

BARRY E. WARHIT

LOURDES M. VENTURA, JJ.

2023-05347 The People, etc., respondent, v Jimmy Celestin, appellant. (Ind. No. 70144/2019)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Suffolk County, rendered June 2, 2023. Motion by the appellant, inter alia, to relieve assigned counsel, to substitute retained counsel, and to continue his status as a party with insufficient means to pay costs, fees, and expenses. The appellant's motion for waiver of costs, fees, and expenses and for assignment of counsel was granted on December 29, 2023, and the following named attorney was assigned as counsel to prosecute the appeal:

Michelle Paarisien

70 Second St.

P.O. Box 166

South Jamesport, NY 11970

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

ORDERED that the motion branch of the motion which is to relieve assigned counsel, to substitute retained counsel is granted, and said assigned counsel is directed to turn over all papers in the action to the retained counsel:

SMC Law Firm

113-25 Queens Blvd, Suite 102

Forest Hills, NY 11375

and it is further,

ORDERED that the appellant's status as a party with insufficient means to pay costs, fees, and expenses is continued; 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 on the Court's own motion, the appellant's brief and the respondent's brief are stricken; 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; and it is further,

ORDERED that the motion is otherwise denied.

GENOVESI, J.P., CHRISTOPHER, WARHIT and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court

Appellant's Address:

23-B-2882

Clinton Corr. Fac.

P.O. Box 2001

Dannemora, NY 12929