People v Graves, Nisean
Motion No: 2011-00280
Slip Opinion No: 2013 NY Slip Op 72059(U)
Decided on April 26, 2013
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M155379

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

DANIEL D. ANGIOLILLO

JOHN M. LEVENTHAL, JJ.

2011-00280

The People, etc., respondent,

v Nisean Graves, appellant.

(Ind. No. 10-00921)

DECISION & ORDER ON MOTION

Motion by Carl D. Birman, inter alia, to be relieved as counsel for the appellant on an appeal from a judgment of the County Court, Westchester County, rendered November 30, 2010.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted to the extent that counsel is relieved of the assignment and pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal, and the motion is otherwise denied;

Richard L. Herzfeld, Esq.

104 W. 40th Street, 20th Floor

New York, N.Y. 10018

and it is further,

ORDERED that on or before May 28, 2013, the appellant may serve and file a supplemental brief, if he be so advised, regarding the hearing on the appellant's motion to withdraw his plea of guilty and the determination by the County Court, Westchester County, of that motion.

RIVERA, J.P., DILLON, ANGIOLILLO and LEVENTHAL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court