| People v Arias, Pierre |
| Motion No: 2006-10051 |
| Slip Opinion No: 2008 NYSlipOp 71278(U) |
| Decided on May 7, 2008 |
| 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. |
Appellate Division: Second Judicial Department
M70038
E/sl
REINALDO E. RIVERA, J.P.
DAVID S. RITTER
DANIEL D. ANGIOLILLO
WILLIAM E. McCARTHY, JJ.
|
2006-10051 The People, etc., respondent, v Pierre Arias, appellant. (Ind. No. 805/05)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from a judgment of the Supreme Court, Queens County, rendered October 4, 2006, to relieve assigned counsel and substitute retained counsel, and to continue his poor person status. The appellant's motion to dispense with printing and for assignment of counsel was granted on February 27, 2007, and the following named attorney was assigned as counsel to prosecute the appeal:
Lynn W. L. Fahey, Esq.
Appellate Advocates
2 Rector Street - 10th Floor
New York, New York 10006
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is to relieve assigned counsel and substitute Mark Fang, Esq., 151 Broadway, Hawthorne, New York 10532, retained counsel, is granted; and it is further,
ORDERED that 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 so much of the decision and order on motion dated February 27, 2007, as granted that branch of the appellant's motion which was for leave to prosecute the appeal as a poor person is recalled and vacated; and it is further,
ORDERED that the branch of the motion which is to continue the appellant's status as a poor person is denied with leave to renew upon proper papers, including an affidavit indicating whether the defendant's parents can afford to pay for the transcripts of the proceedings and whether the defendant is still indigent; and it is further,
ORDERED that the appellant's time to perfect the appeal is enlarged. Retained counsel shall prosecute the appeal expeditiously in accordance with this court's rules (see 22 NYCRR 670.1, et seq.) and written directions.
RIVERA, J.P., RITTER, ANGIOLILLO and McCARTHY, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court