People v Jose A. Carrasco also known as Ruiz Jose A. Carrasco

Motion No: M-522

Slip Opinion No: 2018 NYSlipOp 68828(U)

Decided on April 5, 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.

April 5, 2018

The People of the State of New York,

Respondent,

v

Jose A. Carrasco, also known as

Ruiz Jose A. Carrasco,

Defendant-Appellant.

Defendant-appellant having moved to relieve assigned 18-B counsel Leonard J. Levenson, Esq., and to substitute other counsel on the appeal taken from a judgment, Supreme Court, Bronx County, rendered on or about December 18, 2008, under Bronx Co. Indictment No. 2742/03 (M-80), And defendant-appellant having moved to relieve assigned

18-B counsel Leonard J. Levenson, Esq., and substitute other counsel on the appeal taken from a judgment of the same Court, rendered on or about December 18, 2008 (M-522), And an order of this Court having been entered on October 2, 2012 (M-3356), denying defendant's motion to deem the moving papers as a timely filed notice of appeal, for poor person relief and assignment of counsel, And an order of this Court having been entered on

February 15, 2018 (M-6186) granting defendant's motion for reconsideration of the prior motion (M-3356) only to the extent of deeming the moving papers as a timely filed notice of appeal, and otherwise denied said motion with leave to renew, upon submission of a notarized affidavit setting forth indigency in compliance with CPLR 1101, including a statement whether his trial counsel was retained and if so, setting forth an explanation as to why funds similar to those used to retain counsel in the lower Court are not available to pursue his appeal, And an order of this Court having been entered on June 5, 2012 (M-1772) granting defendant leave to prosecute, as a poor person, on an unrelated appeal, under Indictment No. 2015C/05, from the judgment of the Supreme Court, Bronx County, rendered on or about December 19, 2008, and assigning 18-B counsel Leonard J. Levenson, Esq., on that appeal, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motions (M-80/M-522) are denied as unnecessary, inasmuch as counsel Leonard J. Levenson, Esq., was not assigned as appellate counsel on the present appeal from the December 18, 2008 judgment under Bronx Co. Indictment No. 2742/03, but rather on an unrelated appeal (see order M-1772) under Indictment No. 2015C/05. ENTERED: April 5, 2018

_____________________ CLERK

PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Peter Tom Angela M. Mazzarelli Jeffrey K. Oing, Justices

M-522

M-80

Ind. No. 2742/03