Appellate Division: Second Judicial Department

M310691

DF/HECTOR D. LASALLE, P.J.

HELEN VOUTSINAS

LAURENCE L. LOVE

PHILLIP HOM, JJ.

2024-03229 The People, etc., respondent, v Malcolm D. Gilreath, appellant. (Ind. No. 71373/2022)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Nassau County, rendered January 19, 2024. Motion by assigned counsel to be relieved of assignment to prosecute the appeal and for the assignment of new counsel. The appellant was granted waiver of costs, fees, and expenses and was assigned counsel on July 5, 2024, pursuant to Criminal Procedure Law § 380.55(2), and the following named attorney was assigned as counsel to prosecute the appeal:

Peter A. Sell

350 North Bedford Road, #1023

Mt. Kisco, NY 10549

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

ORDERED that the motion 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:

Martin Goldberg

672 Dogwood Ave. # 183

Franklin Square, NY 11010

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.

LASALLE, P.J., VOUTSINAS, LOVE and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court

Appellant's address:

Please make inquiry to the State Inmate Locator

New York State Department of Correctional Services

Telephone: (518) 457-0043