People v Andre Smith

Motion No: M-5876

Slip Opinion No: 2019 NYSlipOp 64575(U)

Decided on March 5, 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.

March 5, 2019

The People of the State of New York,

Respondent,

v

Andre Smith,

Defendant-Appellant.

An order of this Court having been entered on November 8, 2018, granting, inter alia, defendant leave to prosecute, as a poor person, the appeal taken from a judgment of resentence of the Supreme Court, New York County, rendered on or about

January 8, 2018, and assigning Robert S. Dean, Esq., Center for Appellate Litigation, as counsel to prosecute same (M-4357), And a certificate from a Justice of this Court having been entered on November 8, 2018, granting defendant leave to appeal from the order of the Supreme Court, New York County, entered on or about November 16, 2017, which denied defendant's CPL 440 motion, consolidating the appeal from said order with the direct appeal from the judgment of resentence, and extending the previously granted poor person relief to cover the consolidated appeals,And Robert S. Dean, Center for Appellate Litigation, having moved to be relieved as assigned counsel to prosecute the consolidated appeals, 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 assigned counsel Robert S. Dean, Esq., as counsel to prosecute defendant's consolidated appeals, and substituting, pursuant to Section 722 of the County Law, Christina Swarns, Esq., Office of the Appellate Defender, 11 Park Place, Suite 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 appeals is enlarged until 180 days from the date of this order or the receipt of the complete record, whichever is later. ENTERED: March 5, 2019

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr.,Justice Presiding, Rosalyn H. Richter Peter Tom Cynthia S. Kern Anil C. Singh, Justices

M-5876

Ind. No. 3183/01