People v Dagoberto Garcia

Motion No: M-6123

Slip Opinion No: 2019 NYSlipOp 61873(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

Dagoberto Garcia,

Defendant-Appellant.

An order of this Court having been entered on December 13, 2012 (M-4681) granting defendant leave to prosecute, as a poor person, the appeal taken from the judgment of the Supreme Court, New York County, rendered on or about June 2, 2011, and assigning Richard M. Greenberg, Esq., predecessor counsel to Christina Swarns, Esq., as counsel to prosecute the appeal; and a motion having been made to relieve such counsel or, in the alternative, to dismiss the appeal, 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due deliberation having been had thereon, It is ordered that the motion is granted to the extent of deeming the appeal withdrawn. ENTERED: January 31, 2019

_____________________ DEPUTY CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Barbara R. Kapnick Ellen Gesmer Jeffrey K. Oing Peter H. Moulton, Justices

M-6123

Ind. No. 5459N/10