People v Wilmer Cueva

Motion No: M-833

Slip Opinion No: 2017 NYSlipOp 69667(U)

Decided on April 6, 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.

April 6, 2017

The People of the State of New York,

Respondent,

v

Wilmer Cueva,

Defendant-Appellant.

An appeal having been taken from a judgment of the Supreme Court, New York County, rendered on or about November 4, 2016, And, defendant, via retained counsel Cesar del Castro, Esq., having moved for an order relieving him as retained counsel and instead assigning him to represent defendant on the appeal, and to be compensated, pursuant to Article 18-B of the Assigned Counsel Plan, 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, to the extent it seeks to relieve retained counsel Cesar del Castro, Esq., is denied, without prejudice to a motion for the same relief in compliance with

CPLR 321(b)(2); the remainder of the relief sought is denied. ENTERED: April 6, 2017

_____________________ CLERK

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

M-833

Ind. No. 1971/15