Appellate Division: Second Judicial Department

M52217

E/sl

REINALDO E. RIVERA, J.P.

PETER B. SKELOS

DANIEL D. ANGIOLILLO

RUTH C. BALKIN, JJ.

2006-04586 The People, etc., respondent, v Mario Franklin, appellant. (Ind. No. 2687/04)

DECISION & ORDER ON MOTION

Motion by Armani Baraka Scott, Esq., to be substituted as counsel for the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered April 25, 2006, and to relieve assigned counsel. The appellant's motion to dispense with printing and for assignment of counsel was granted on October 24, 2006, and the following named attorney was assigned as counsel to prosecute the appeal:

Roya Namvar, Esq.

80-02 Kew Gardens Road - 3rd Floor

Kew Gardens, New York 11415

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 Armani Baraka Scott, Esq., is substituted as counsel for the appellant, and said assigned counsel is directed to turn over all papers in the action, including transcripts of hearings and the trial, to the Clerk of this court; and it is further,

ORDERED that on the court's own motion, so much of the decision and order on motion dated October 24, 2006, as granted the appellant leave to prosecute the appeal as a poor person is recalled and vacated.

RIVERA, J.P., SKELOS, ANGIOLILLO and BALKIN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court