Motion List released on: December 3, 2019
By Dillon, J.P.; Roman, Lasalle and Wooten, JJ. PEOPLE, etc., res, v. Ali Khalil, ap — Motion by the appellant to relieve assigned counsel on an appeal from a judgment of the County Court, Dutchess County, rendered March 1, 2019, to substitute retained counsel, and to deem the notice of appeal to reflect that the appellant was convicted of a Class C Felony, not a Class B Felony. The appellant’s motion to dispense with printing and for assignment of counsel was granted on July 9, 2019, and the following named attorney was assigned as counsel to prosecute the appeal: Kelley M. Enderley 222 Church Street – 1st Floor Poughkeepsie, NY 12601 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 it is further, ORDERED that the following named attorney is substituted as retained counsel: Jonathan Rosenberg 137 Court Street – 2nd Floor Brooklyn, NY 11201 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 July 9, 2019, as granted poor person relief 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; and it is further, ORDERED that the notice of appeal is deemed to reflect that the appellant was convicted of a Class C Felony. DILLON, J.P., ROMAN, LASALLE and WOOTEN, JJ., concur.
