People v Rafael Martinez

Motion No: M-4167

Slip Opinion No: 2017 NYSlipOp 92254(U)

Decided on November 16, 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.

November 16, 2017

The People of the State of New York,

Respondent,

v

Rafael Martinez,

Defendant-Appellant.

An order of this Court having been entered on November 29, 2016 (M-4084) 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 February 1, 2016, and assigning Rosemary Herbert, Esq., as counsel to prosecute the appeal; and a motion having been made to relieve such counsel, to substitute retained counsel on the appeal, 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 successor assigned counsel Christina Swarns, Esq., as counsel to prosecute defendant's appeal. The motion, to the extent it seeks to substitute retained counsel on the appeal, is denied, as unnecessary. ENTERED: November 16, 2017

_____________________ CLERK

Present - Hon. Richard T. Andrias,Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh,Justices

M-4167

Ind. No. 12131/91