People v Deivis Ceballos

Motion No: M-2662

Slip Opinion No: 2018 NYSlipOp 78623(U)

Decided on July 26, 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 26, 2018

The People of the State of New York,

Respondent,

v

Deivis Ceballos,

Defendant-Appellant.

An order of this Court having been entered on June 1, 2017 (M-2441) 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 January 31, 2017, and assigning Rosemary Herbert, Esq., predecessor Attorney-in-Charge to Christina Swarns, Esq., Office of the Appellate Defender, as counsel to prosecute the appeal; and a motion having been made to relieve such counsel and substitute retained 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 relieving the Office of the Appellate Defender as counsel to prosecute defendant's appeal, and continuing limited poor person relief, and otherwise deny, as unnecessary, the portion of the motion seeking to substitute retained counsel on appeal. ENTERED: July 26, 2018

_____________________ CLERK

Present - Hon. Dianne T. Renwick, Justice Presiding, Judith J. Gische Barbara R. Kapnick Ellen Gesmer Cynthia S. Kern, Justices

M-2662

Ind. No. 1505/11