People v Sam Clarke

Motion No: M-4892

Slip Opinion No: 2018 NYSlipOp 89609(U)

Decided on November 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.

November 29, 2018

The People of the State of New York,

Respondent,

v

SCI No. 990/17

Sam Clarke,

Defendant-Appellant.

An order of this Court having been entered on April 19, 2018(M-935) granting defendant leave to prosecute, as a poor person, the appeal from the judgment of the Supreme Court, Bronx County, rendered on or about August 31, 2017, and assigning 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 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 Christina Swarns, Esq., as assigned counsel to prosecute defendant's appeal, and substituting, pursuant to Section 722 of the County Law, Robert S. Dean, Esq., Center for Appellate Litigation, 120 Wall Street, 28th Floor, New York, New York 10005, Telephone No. 212-577-2523 as such counsel. The poor person relief previously granted is continued, and appellant's time in which to perfect the appeal is enlarged until 180 days from the date of this order or the receipt of the complete record, whichever is later. ENTERED: November 29, 2018

_____________________ CLERK

Present - Hon. Rolando T. Acosta,Presiding Justice, David Friedman Sallie Manzanet-Daniels Troy K. Webber Anil C. Singh, Justices

M-4892

Ind. No. 2520/16