People v Desean Irby .

Motion No: M-1223

Slip Opinion No: 2018 NYSlipOp 72624(U)

Decided on May 17, 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.

May 17, 2018

The People of the State of New York,

Respondent,

v

Desean Irby,

Defendant-Appellant.

An order of this Court having been entered on February 18, 2016 (M-6339), 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 October 13, 2015, and assigning the Office of the Appellate Defender, 11 Park Place, Room 1601, New York, New York 10007, Telephone No. 212-402-4100, as counsel to prosecute the appeal; and a motion having been made to relieve such counsel, or in the alternative, to dismiss the appeal without prejudice to reinstatement, 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due deliberation having been had thereon, It is ordered that the motion is granted to the extent of deeming the appeal withdrawn, and otherwise denied.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: May 17, 2018

_____________________ CLERK

PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Dianne T. Renwick Angela M. Mazzarelli Marcy L. Kahn Ellen Gesmer, Justices

M-1223

Ind. No. 1493/15