Opinion
Motion No. 2020-02437 Ind. Nos. 2002/20181645/2018
05-19-2023
The People, etc., respondent, v. Abi Adeleke, etc., appellant.
Unpublished Opinion
MOTION DECISION
M289058 KS/afa
BETSY BARROS, J.P. LINDA CHRISTOPHER BARRY E. WARHIT LILLIAN WAN, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of the County Court, Suffolk County, rendered January 24, 2020, following a trial. Motion by the appellant pro se, in effect, to vacate so much of a decision and order on motion of this Court dated December 28, 2022, as granted the branch of his motion which was for leave to proceed pro se, for the assignment of counsel to prosecute the appeal, and to continue his status as a poor person, which was granted by the decision and order on motion of this Court dated November 17, 2021.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is granted, so much of the decision and order on motion of this Court dated December 28, 2022, as granted the branch of the appellant's motion which was for leave to proceed pro se is vacated, the appellant's status as a poor person is continued, and pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal:
Sabato Caponi
80 Orville Drive, Ste. 100
Bohemia, NY 11716
and it is further,
ORDERED that so much of the decision and order on motion of this Court dated December 28, 2022, as directed counsel assigned to prosecute the appeal to deliver any transcripts of the proceedings in his possession and all papers on the appeal to the Clerk of this Court and directed the Clerk of this Court to deliver the transcript to the person in charge of the institution wherein the appellant is incarcerated is vacated forthwith, the appellant shall return all transcripts and all papers on the appeal previously provided to him to the Clerk of this Court, and the Clerk of this Court shall deliver the transcripts and papers to assigned counsel; and it is further, ORDERED that the clerk of the trial court shall furnish one certified transcript of each of the proceedings set forth in the decision and order on motion of this Court dated November 17, 2021, but not previously transcribed to the appellant's assigned counsel, without charge (see CPL 460.70); and it is further, ORDERED that assigned counsel is directed to turn over the transcripts to the respondent when counsel serves the appellant's brief on the respondent; 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 in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if assigned 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; 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 in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his or her representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further, ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.
BARROS, J.P., CHRISTOPHER, WARHIT and WAN, JJ., concur.