Appellate Division: Second Judicial Department

M94976

E/sl

A. GAIL PRUDENTI, P.J.

JOSEPH COVELLO

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2008-08975 The People, etc., respondent, v Franklin McPherson, appellant. (Ind. No. 186/08)

DECISION & ORDER ON MOTION

Motion by the appellant to relieve assigned counsel on an appeal from a judgment of the County Court, Nassau County, rendered September 16, 2008, to substitute 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 February 18, 2009, and the following named attorney was assigned as counsel to prosecute the appeal:

Leon Tracy, Esq.

366 No. Broadway - Suite 410 - No. D9

Jericho, New York 11753-2826

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

ORDERED that the motion is granted, the brief submitted by the appellant's former assigned counsel is stricken, and said assigned counsel is directed to turn over all papers in the action to retained counsel:

Jonathan I. Edelstein, Esq.

271 Madison Avenue, 20th Floor

New York, New York 10016

and it is further,

ORDERED that the appellant's poor person status is continued; 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.

PRUDENTI, P.J., COVELLO, LOTT and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court