People v Dwayne Mitchell

Motion No: M-1110

Slip Opinion No: 2018 NYSlipOp 73589(U)

Decided on May 29, 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 29, 2018

The People of the State of New York,

Respondent,

v

Dwayne Mitchell,

Defendant-Appellant.

An order of this Court having been entered on February 15, 2018 (M-1110), granting defendant leave to prosecute, as a poor person, the appeal taken from a judgment of the Supreme Court, New York County, rendered on or about April 18, 2017, and assigning Robert S. Dean., Esq., as counsel to prosecute the appeal; 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, Christina Swarns, Esq., Office of the Appellate Defender,

11 Park Place, Room 1601, New York, New York 10007, Telephone No. 212-402-4100, 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. ENTERED: May 29, 2018

_____________________ CLERK

Present: Hon. Rolando T. Acosta, Presiding Justice,Peter TomJeffrey K. Oing Peter H. Moulton, Justices

M-1110

Ind. No. 4904/13