Appellate Division: Second Judicial Department

M63937

E/sl

DAVID S. RITTER, J.P.

ANITA R. FLORIO

WILLIAM E. McCARTHY

THOMAS A. DICKERSON, JJ.

2005-08362 The People, etc., respondent, v Ali Edwards, appellant. (Ind. No. 04-1702)

DECISION & ORDER ON MOTION

Motion by assigned counsel, inter alia, to be relieved of an assignment to prosecute an appeal from a judgment of the County Court, Westchester County, rendered August 10, 2005, which was determined by decision and order of this court dated September 25, 2007. The appellant's motion for leave to prosecute the appeal as a poor person and for assignment of counsel was granted on October 26, 2005, and the following named attorney was assigned as counsel to prosecute the appeal:

Gary M. Gash, Esq.

81 Main Street

White Plains, New York 10601

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

ORDERED that the motion is granted to the extent that the defendant's assigned counsel is relieved, and pursuant to County Law § 722 the following named attorney is assigned as counsel for the purpose of making any motions deemed appropriate with respect to the decision and order dated September 25, 2007, including, but not limited to, a motion pursuant to CPL 460.30 for an extension of time to make an application for a certificate granting leave to appeal to the Court of Appeals from the decision and order dated September 25, 2007; and, if the motion is granted, to make an application for leave to appeal:

Eric Press, Esq.

c/o Gaines, Gruner Ponzini

One North Broadway, 12th Floor

White Plains, New York 10601

and it is further,

ORDERED that former assigned counsel is directed to turn over all papers in the action to new counsel herein assigned; and it is further,

ORDERED that the motion is otherwise denied.

RITTER, J.P., FLORIO, McCARTHY and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court