Appellate Division: Second Judicial Department

M310701

DF/

HECTOR D. LASALLE, P.J.

HELEN VOUTSINAS

LAURENCE L. LOVE

PHILLIP HOM, JJ.

2025-08832 The People, etc., respondent, v Isaiah Blake, appellant. (Ind. No. 70666/2024)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Queens County, rendered June 11, 2025. Motion by the appellant to relieve assigned counsel and to substitute retained counsel. By order dated June 11, 2025, the Supreme Court, Queens County, granted an application pursuant to Criminal Procedure Law § 380.55(1) for waiver of costs, fees, and expenses, and on August 6, 2025, the following named attorney was assigned as counsel to prosecute the appeal:

Patricia Pazner

Appellate Advocates

111 John Street - 9th Floor

New York, New York 10038

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 following attorney is substituted as retained counsel:

Randall D. Unger

125-10 Queens Boulevard, Suite 5

Kew Gardens, NY 11415

and it is further,

ORDERED that on the Court's own motion, so much of the decision and order on motion of this Court dated August 6, 2025, as granted waiver of costs, fees, and expenses to the appellant is vacated, and the appellant's former assigned counsel is directed to turn over all papers in the above-entitled action to the Clerk of this Court; 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 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.

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

ENTER:

Darrell M. Joseph

Clerk of the Court

Appellant's Address:

25-B-2084

Auburn Corr. Fac.

135 State Street, P.O. Box 618

Auburn, NY 13021