Appellate Division: Second Judicial Department

M210931

V/

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2013-10768 The People, etc., respondent, v Alfred McCune, appellant. (Ind. No. 3504/08)

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 November 6, 2013, to substitute retained counsel, and, in effect, to continue his status as a poor person. The appellant's motion to dispense with printing and for assignment of counsel was granted on June 3, 2014, and the following named attorney was assigned as counsel to prosecute the appeal:

Seymour W. James, Jr., Esq.

The Legal Aid Society

199 Water Street - 5th Floor

New York, New York 10038

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; and said assigned counsel is directed to turn over all papers in the action to retained counsel:

Peter Guadagnino, Esq.

30 Wall Street, 8th Floor

New York, NY 10005

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.

BALKIN, J.P., LEVENTHAL, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

09-A-5776

Downstate Corr. Fac.

121 Red Schoolhouse Road

P.O. Box 445

Fishkill, New York 12524-0445