People v Jose Rodriguez .

Motion No: M-1030

Slip Opinion No: 2018 NYSlipOp 77422(U)

Decided on July 12, 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.

July 12, 2018

The People of the State of New York,

Respondent,

v

Jose Rodriguez,

Defendant-Appellant.

An appeal having been taken from a judgment of the Supreme Court, New York County, rendered on or about April 21, 1982, And defendant having moved for an order relieving defendant's currently assigned appellate counsel, Thomas P. Burke, Esq., and assigning Robert S. Dean, Esq., Center for Appellate Litigation, on defendant's pending appeal; and dismissing, as premature, the defendant's pending application for corum nobis relief (M-401), And the People having cross-moved for an order dismissing the aforesaid appeal for failure to timely prosecute (M-1030), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon,It is ordered that defendant's motion is granted to the extent of relieving currently assigned appellate counsel, Thomas P. Burke, Esq., and assigning Robert S. Dean, Esq., Center for Appellate Litigation, as counsel on the pending appeal, and dismissing, as premature, defendant's pending application for corum nobis relief (M-401). The cross motion is denied (M-1030). ENTERED: July 12, 2018

_____________________ CLERK

Present - Hon. Rolando T. Acosta Presiding Justice, David Friedman John W. Sweeny, Jr. Peter Tom, Justices

M-1030

M-401

Ind. No. 5427/81