People v Pernell Leibert

Motion No: M-6125

Slip Opinion No: 2017 NYSlipOp 65570(U)

Decided on February 28, 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 28, 2017

The People of the State of New York,

Respondent,

v

Pernell Leibert,

Defendant-Appellant.

An order of this Court having been entered on April 7, 2016 (M-1193) 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 November 2, 2015, 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, Suite 1601, New York NY 10007, Telephone No.

(212) 402-4142, 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 28, 2017

_____________________ CLERK

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

M-6125

Ind. No. 4512/13