People v Augusto Collado

Motion No: M-1526

Slip Opinion No: 2019 NYSlipOp 72003(U)

Decided on June 6, 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.

June 6, 2019

The People of the State of New York,

Respondent,

v

Augusto Collado,

Defendant-Appellant.

An order of this Court having been entered on July 13, 2017 (M-2898) 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 January 26, 2017, and assigning Rosemary Herbert, Esq., predecessor counsel to Christina Swarns, Esq., Office of the Appellate Defender, as counsel to prosecute the appeal; and a motion having been made to relieve such counsel, or, in the alternative, for dismissal of the aforementioned appeal without prejudice to reinstatement, 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due deliberation having been had thereon, It is ordered that the motion is granted to the extent of deeming the appeal withdrawn and is otherwise denied. ENTERED: June 6, 2019

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr., Justice Presiding, Judith J. Gische Troy K. Webber Marcy L. Kahn Peter H. Moulton, Justices

M-1526

Ind. No. 2796/15