People v Ivan Perez

Motion No: M-2478

Slip Opinion No: 2018 NYSlipOp 81323(U)

Decided on August 23, 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.

August 23, 2018

The People of the State of New York,

Respondent,

v

Ivan Perez,

Defendant-Appellant.

An order of this Court having been entered on April 24, 2018 (M-1302) granting defendant leave to prosecute, as a poor person, the appeal from the judgment of the Supreme Court, Bronx County, rendered on or about February 8, 2017, and assigning Robert S. Dean, Esq., the Center for Appellate Litigation, as counsel to prosecute the appeal,And an order of this Court having been entered on June 5, 2018 (M-2203), inter alia, deeming the notice of appeal from the judgment of resentence rendered on or about April 12, 2017 as timely filed, and amending the order of this Court entered on April 24, 2018 (M-1302) to include said judgment of resentence, And defendant-appellant, through assigned counsel, having moved for an order relieving assigned counsel and to substitute other counsel to prosecute the aforesaid appeals, 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, Steven N. Feinman, Esq., One North Broadway, Suite 412, White Plains, NY 10601, Telephone No. 914-949-8214, as counsel to prosecute both

appeals. The poor person relief previously granted is continued, and appellant's time in which to perfect the appeals is enlarged until 120 days from the date of this order or the filing of the record, whichever is later. ENTERED: August 23, 2018

_____________________ DEPUTY CLERK

Present - Hon. David Friedman,Justice Presiding, John W. Sweeny, Jr. Troy K. Webber Marcy L. Kahn Jeffrey K. Oing,Justices

M-2478

Ind. No. 2401/15