People v Bisnauth, Yadev
Motion No: 2004-11301
Slip Opinion No: 2007 NYSlipOp 62816(U)
Decided on February 8, 2007
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M50443

E/sl

FRED T. SANTUCCI, J.P.

GLORIA GOLDSTEIN

EDWARD D. CARNI

WILLIAM E. McCARTHY, JJ.

2004-11301

The People, etc., respondent,

v Yadev Bisnauth, appellant.

(Ind. No. 3421/02)

DECISION & ORDER ON MOTION

Motion by Barry A. Weinstein, Esq., to relieve counsel assigned to prosecute an appeal from a judgment of the Supreme Court, Queens County, rendered November 30, 2004, as a poor person, and to substitute Goldstein & Weinstein as counsel for the appellant.

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

ORDERED that the motion is denied without prejudice to renew the motion upon papers which include an affirmation or affidavit by the appellant that he agrees to the substitution. The renewed motion should also specify whether the appellant wants to continue prosecuting the appeal as a poor person.

SANTUCCI, J.P., GOLDSTEIN, CARNI and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court