People v Jonathan Nesbit .

Motion No: M-1323

Slip Opinion No: 2017 NYSlipOp 72048(U)

Decided on April 27, 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 27, 2017

The People of the State of New York,

Respondent,

v

Jonathan Nesbit,

Defendant-Appellant.

An order of this Court having been entered on April 3,

2012 (M-1006) 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 January 25, 2012, and assigning Richard M. Greenberg, Esq., who has been succeeded by Rosemary Herbert, Esq., Office of the Appellate Defender, 11 Park Place, Room 1601, New York, New York 10007, Telephone No. 212-402-4112, as counsel to prosecute the appeal; and a motion having been made to relieve such counsel, or in the alternative, to dismiss the appeal as abandoned, 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due deliberation having been had thereon, It is ordered that the motion is granted to the extent of deeming the appeal withdrawn and otherwise denied. ENTERED: April 27, 2017

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Rosalyn H. Richter Paul G. Feinman Judith J. Gische Ellen Gesmer, Justices

M-1323

Ind. No. 3436/11