People of State of New York v Gilbert
Motion No: 2017-01665
Slip Opinion No: 2017 NY Slip Op 88481(U)
Decided on October 10, 2017
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M239143

E/sl

RUTH C. BALKIN, J.P.

JOSEPH J. MALTESE

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2017-01665

People of State of New York, respondent,

v Rod Gilbert, appellant.

DECISION & ORDER ON MOTION

Motion by the appellant's assigned counsel to be relieved of an assignment to prosecute an appeal from an order of the County Court, Suffolk County, dated January 4, 2017, and for the assignment of new counsel.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is denied without prejudice to counsel serving and filing a brief pursuant to Anders v California (386 US 738), if counsel be so advised.

BALKIN, J.P., MALTESE, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court