People v Kenworth S.

Motion No: M-6394

Slip Opinion No: 2017 NYSlipOp 63587(U)

Decided on February 7, 2017

Appellate Division, First 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 7, 2017

The People of the State of New York,

SEALED

v

Kenworth S.,

Defendant.

A purported appeal having been taken from an order of the Supreme Court, Bronx County, entered on or about March 18, 2013, And, an order of this Court having been entered on March 13, 2014 (M-3399), granted defendant poor person relief and assigning David Bertan, Esq., as appellate counsel for purposes of prosecuting defendant's purported appeal, And, orders of this Court having been entered on January 26, 2015 (M-3924) and April 19, 2016 (M-117), granting defendant's motions to relieve subsequent assigned counsel and substituting new appellate counsel; and, an order of this Court having been entered on November 22, 2016 (M-4399), denying defendant's request to again substitute assigned counsel, and, sua sponte, dismissing defendant's appeal, And, defendant having moved for the reinstatement of

his dismissed appeal, and for the assignment of new appellate counsel, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, it is Ordered that the motion is denied in its entirety. ENTERED: February 7, 2017 _____________________CLERK

Present: Hon. John W. Sweeny, Jr., Justice Presiding, Rolando T. Acosta Angela M. Mazzarelli Karla Moskowitz Ellen Gesmer,Justices

M-6394

Index No. 2147/08