People v Daniel Everett

Motion No: M-4919A

Slip Opinion No: 2018 NYSlipOp 65324(U)

Decided on February 27, 2018

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.

February 27, 2018

The People of the State of New York,

Respondent,

v

Daniel Everett,

Defendant-Appellant.

An order of this Court having been entered on July 23, 2013 (M-2612), substituting Robert S. Dean, Esq., Office of the Appellate Defender, as counsel to prosecute the appeal from the judgment of the Supreme Court, New York County, rendered on or about March 14, 2012; and a motion having been made to relieve such counsel, 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 assigned counsel Robert S. Dean, Esq., as counsel to prosecute defendant's appeal, and substituting, pursuant to Section 722 of the County Law, Seymour W. James, Jr., Esq., 199 Water Street, 5th Floor, New York, New York 10038, Telephone No. 212-577-3688 as such counsel. The poor person relief previously granted is continued, and appellant's time in which to perfect the appeal is enlarged until 120 days from the date of this order or the filing of the record, whichever is later. The order of this Court entered on

January 4, 2018 (M-4919) is hereby recalled and vacated. ENTERED: February 27, 2018

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, Rosalyn H. Richter Judith J. Gische Richard T. Andrias Peter H. Moulton,Justices

M-4919A

Ind. No. 4005/11