People v Case No. 5407C/12 Joseph Thomas also known as Santos

Motion No: M-5263

Slip Opinion No: 2017 NYSlipOp 64219(U)

Decided on February 14, 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 14, 2017

The People of the State of New York,

Respondent, CONFIDENTIAL

v

Case No. 5407C/12

Joseph Thomas, also known as Santos

Thomas,

Defendant-Appellant.

An appeal having been taken from a judgment of the Supreme Court, Bronx County Case No. 5407C/12, rendered on or about December 15, 2015; and an appeal having been taken from a judgment of resentence of said Supreme Court (Ind. No. 6/15), also rendered on or about December 15, 2015, And, an order of this Court having been entered on April 21, 2016 (M-746), inter alia, deeming the moving papers a timely filed notice of appeal from the judgment of resentence of the Supreme Court, Bronx County [Ind. No. 6/15], rendered on or about December 15, 2015, granting defendant poor person relief, and assigning Seymour W. James, Jr., Esq., as counsel for purposes of prosecuting the appeal, And, an order of this Court having been entered on

September 8, 2016 (M-3181), inter alia, deeming the moving papers a timely filed notice of appeal from the judgment of the Supreme Court, Bronx County [Case No. 5407C/12], rendered on or about December 15, 2015, granting defendant poor person relief, and assigning Seymour W. James, Jr., Esq., as counsel for purposes of prosecuting the appeal, And, defendant having moved for an order relieving Seymour W. James, Jr. Esq., and assigning new counsel to represent defendant on the appeals, 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 striking the designation of assigned counsel Seymour W.

James, Jr., Esq., as counsel to prosecute defendant's appeals,

and substituting, pursuant to Section 722 of the County Law, Rosemary Herbert, Esq., Office of the Appellate Defender,

11 Park Place, Suite 1601, New York NY 10007, Telephone No.

(212) 402-4142, as such counsel. The poor person relief previously granted is continued. ENTERED: February 14, 2017

_____________________ CLERK

Present: Hon. David Friedman, Justice Presiding, Rosalyn H. Richter David B. Saxe Judith J. Gische Barbara R. Kapnick, Justices

M-5263

Ind. No. 6/15