People v Eric Rodriguez

Motion No: M-5440

Slip Opinion No: 2019 NYSlipOp 61862(U)

Decided on January 31, 2019

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.

January 31, 2019

The People of the State of New York,

Respondent,

v

Eric Rodriguez,

Defendant-Appellant.

An order of this Court having been entered on January 16, 2018 (M-6329), granting defendant leave to prosecute, as a poor person, the appeal taken from the judgment of the Supreme Court, Bronx County, rendered on or about February 15, 2017, and assigning Seymour W. James, Jr., Esq., predecessor counsel to Janet E. Sabel, Esq. The Legal Aid Society, 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 The Legal Aid Society, as assigned 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 180 days from the date of this order or the receipt of the complete record, whichever is later. ENTERED: January 31, 2019

_____________________ DEPUTY CLERK

Present - Hon. Rolando T. Acosta,Presiding Justice, Judith J. Gische Angela M. Mazzarelli Troy K. Webber Jeffrey K. Oing,Justices

M-5440

Ind. No. 3938/14