People v Kenneth Genao

Motion No: M-5537

Slip Opinion No: 2017 NYSlipOp 63998(U)

Decided on February 10, 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 10, 2017

The People of the State of New York,

Respondent,

v

Kenneth Genao,

Defendant-Appellant.

An appeal having been taken from a judgment of the

Supreme Court, New York County, rendered on or about May 8,

2015, And, an order of this Court having been entered on

November 5, 2015 (M-4615), granting defendant poor person

relief and assigning Seymour W. James, Jr., Esq., as counsel

to prosecute the appeal, And, defendant having renewed his motion for an order relieving assigned counsel, Seymour W. James, Jr., Esq., and substituting Patrick Joyce, Esq., as appellate counsel for the purpose of prosecuting defendant's appeal, 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 granted to the extent of relieving assigned counsel Seymour W. James, Jr., Esq., on the appeal, continuing the previously granted poor person relief, and enlarging the time to perfect the appeal to the May 2017 Term, so much of the motion seeking to substitute retained counsel on the appeal is denied as unnecessary. ENTERED: February 10, 2017

_____________________ CLERK

Present: Hon. Karla Moskowitz, Justice Presiding, Paul G. Feinman Judith J. Gische Barbara R. Kapnick Ellen Gesmer, Justices

M-5537

Ind. No. 2477/14