People v Martin Nikaj .

Motion No: M-6124

Slip Opinion No: 2017 NYSlipOp 65001(U)

Decided on February 23, 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 23, 2017

The People of the State of New York,

Respondent,

v

Martin Nikaj,

Defendant-Appellant.

An order of this Court having been entered on September 8, 2016 (M-3676) granting defendant leave to prosecute, as a poor person, the appeal from the judgment of the Supreme Court, New York County, rendered on or about February 10, 2016, and assigning Seymour W. James, Jr., Esq., as counsel to prosecute the appeal; and a motion having been made to relieve such counsel, and for related relief, 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 appeal, and substituting, pursuant to Section 722 of the County Law, Rosemary Herbert, Esq., Office of the Appellate Defender, 11 Park Place, Room 1601, New York, New York 10007, Telephone No. (212)402-4100, as such counsel. The poor person relief previously granted is continued, and appellant's time in which to perfect the appeal is enlarged until 120 days from the date of this order or the filing of the record, whichever is later. Entered: February 23, 2017 _______________________ CLERK

PRESENT - Hon. Rolando T. Acosta, Justice Presiding, Angela M. Mazzarelli Sallie Manzanet-Daniels Troy K. Webber Ellen Gesmer, Justices

M-6124

Ind. No. 2574/15