People v Jesse Williams .

Motion No: M-5195

Slip Opinion No: 2019 NYSlipOp 65047(U)

Decided on March 12, 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 12, 2019

The People of the State of New York,

Respondent,

SEALED

v

Jesse Williams,

Defendant-Appellant.

An appeal having been taken from a judgment of the Supreme Court, New York County, rendered on or about October 29, 2015, And an order of this Court (M-4698) having been entered on January 25, 2018 striking the designation of successor assigned counsel Christina Swarns, Esq., as counsel to prosecute the appeal, granting defendant-appellant permission to proceed pro se, and continuing the poor person relief previously granted by an order of this Court entered on June 28, 2016 [Corrected Order October 7, 2016] (M-2232), And defendant-appellant having moved to retract his prior request to proceed pro se, for continuation of the poor person relief previously granted, for assignment of appellate counsel, and for leave to file a pro se supplemental brief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the order of this Court entered January 25, 2018 (M-4698) is hereby recalled and vacated insofar as it granted defendant leave to proceed pro se. Defendant is directed return all materials furnished to him to this Court forthwith, and is advised that the appeal will not be heard unless and until all material furnished to him has been returned to this Court, and It is further ordered that the poor person relief previously granted by an order of this Court entered June 28, 2016 [Corrected Order October 7, 2016] (M-2232), is continued, and It is further ordered that Janet E. Sabel, Esq., The Legal Aid Society, 199 Water Street, 5th Floor, New York, New York 10038, Telephone No. 212-577-3688, is assigned as counsel for defendant-appellant for purposes of the appeal. The time within which appellant shall perfect this appeal is hereby enlarged until 120 days from the date of receipt of the complete record, or the date of this order, whichever is later, and It is further order that the branch of the motion seeking leave to file a pro se supplemental brief, is denied, with leave to renew, if so advised, after assigned counsel files a brief on behalf of defendant-appellant, ENTERED: March 12, 2019

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, Barbara R. Kapnick Troy K. Webber Marcy L. Kahn Cynthia S. Kern, Justices

M-5195

Ind. No. 1744/13