Appellate Division: Second Judicial Department

M303582

ID/

VALERIE BRATHWAITE NELSON, J.P.

LINDA CHRISTOPHER

LILLIAN WAN

DONNA-MARIE E. GOLIA, JJ.

2023-09937 The People, etc., respondent, v Julian Primofox, appellant. (Ind. No. 71909/2023)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, rendered October 11, 2023. Motion by assigned counsel to be relieved of the 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 December 11, 2023, pursuant to Criminal Procedure Law § 380.55(2), and 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 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:

Twyla Carter

The Legal Aid Society

199 Water Street - 5th Floor

New York, NY 10038

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.

BRATHWAITE NELSON, J.P., CHRISTOPHER, WAN and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court

Appellant's Address:

23-R-2760

Franklin Correctional Facility

62 Bare Hill Road P.O. Box 10

Malone, NY 12953-0010