People v Sean Steele Jr.

Motion No: M-1175

Slip Opinion No: 2017 NYSlipOp 71546(U)

Decided on April 25, 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 25, 2017

The People of the State of New York,

Respondent,

v

Sean Steele, Jr.,

Defendant-Appellant.

An appeal having been taken from a judgment of the Supreme Court, New York County, rendered on or about October 29, 2014, And, an order of this Court having been entered on May 12,

2015 (M-1594), granting defendant poor person relief and assigning Seymour W. James, Jr., Esq., as counsel to prosecute the appeal, And, an order of this Court having been entered on May 5, 2016 (M-1036), relieving assigned counsel Seymour W. James, Jr., Esq., as counsel on the appeal and substituting Zachary Johnson, Esq., Galluzzo & Johnson LLP, and said counsel having filed an appellant's brief on October 3, 2016, and perfected the appeal

on defendant's behalf, And, an order of this Court having been entered February 7, 2017 (M-6342), relieving Zachary Johnson, Esq., Galluzzo & Johnson LLP, as counsel for defendant, and assigning Marianne Karas, Esq., as counsel on the appeal, And, defendant having moved to withdraw the appellant's brief, filed on October 3, 2016, by Zachary Johnson, Esq., and allowing the substitution of a new brief prepared by assigned counsel, Marianne Karas, Esq.,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 deeming the brief filed October 3, 2016 struck and directing assigned counsel Marianne Karas, Esq. to file a new brief for defendant

on or before July 10, 2017 for the September 2017 Term, to which Term the perfected appeal is adjourned.ENTERED: April 25, 2017

_____________________ CLERK

Present: Hon. David Friedman, Justice Presiding, John W. Sweeny, Jr. Karla Moskowitz Judith J. Gische Barbara R. Kapnick, Justices

M-1175

Ind. No. 1497/13