THE PEOPLE V GEORGE COLON
Motion No: KA 14-01827
Slip Opinion No: 2016 NY Slip Op 64077(U)
Decided on February 10, 2016
Appellate Division, Fourth 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.


February 10, 2016

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

KA 14-01827
Indictment No: 2014-0247-1

THE PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF,

V

GEORGE COLON, DEFENDANT-APPELLANT.


Appellant having moved for the substitution of counsel on an appeal taken from a judgment of the Onondaga County Court rendered October 6, 2014, and for other relief,

Now, upon reading and filing the affidavit of Frank Mellace, II, Esq. sworn to January 19, 2016, the affidavits of George Colon sworn to December 17, 2015 and the consent to substitution of counsel signed by George Colon sworn to December 17, 2015, Frank Mellace, II, Esq. sworn to November 30, 2015 and Philip Rothschild, Esq. sworn to January 4, 2016, the notice of motion with proof of due service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted and the order of this Court is entered December 18, 2014 is vacated, and defendant may proceed on appeal as a poor person with Frank Mellace, II, Esq. as counsel, and

It is further ORDERED that the Clerk of the County of Onondaga is hereby directed to provide Frank Mellace, II, Esq. with copies of all papers and stenographic transcripts, digitally recorded or audiotaped minutes, if any, of the proceedings upon which the appeal is based.

Entered: February 10, 2016

Frances E. Cafarell, Clerk