Appellate Division: Second Judicial Department

M70144

E/sl

REINALDO E. RIVERA, J.P.

JOSEPH COVELLO

DANIEL D. ANGIOLILLO

WILLIAM E. McCARTHY, JJ.

2007-07645 The People, etc., respondent, v Michael Samms, appellant. (Ind. No. 6692/05)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve assigned counsel on an appeal from a judgment of the Supreme Court, Kings County, rendered July 23, 2007, to substitute Ronald S. Nir, Esq., as retained counsel, and to continue his status as a poor person. The appellant's motion to dispense with printing and for assignment of counsel was granted on November 28, 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 Ronald S. Nir, Esq., 125-10 Queens Blvd. - Suite 325, Kew Gardens, New York 11415, as 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 November 28, 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 is still indigent and whether his family has the ability to pay for the transcripts.

RIVERA, J.P., COVELLO, ANGIOLILLO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court