People v 840/16 Yonander Cuevas 1163/10

Motion No: M-2424

Slip Opinion No: 2019 NYSlipOp 74708(U)

Decided on July 11, 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.

July 11, 2019

The People of the State of New York,

Respondent,

v

840/16

Yonander Cuevas, 1163/10

Defendant-Appellant.

An order of this Court having been entered on April 10, 2018 (M-957), 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 October 13, 2016, under Indictment No. 1163/10 and assigning Christina Swarns, Esq., Office of the Appellate Defender, as counsel to prosecute the appeal; And an order of this Court having been entered on April 11, 2019 (M-6673), granting defendant leave to prosecute, as a poor person, the appeal taken from the judgments of the Supreme Court, Bronx County, rendered on or about July 11, 2018, under Indictment Nos. 840/16 and 218/15, and assigning Robert S. Dean, Esq., Center for Appellate Litigation, as counsel to prosecute the appeal, And Christina Swarns, Esq., Office of the Appellate Defender, having moved for an order relieving Robert S. Dean, Esq., Center for Appellate Litigation, as assigned counsel for defendant to prosecute the appeals from the aforesaid judgments rendered on or about July 11, 2018, under Indictment Nos. 840/16 and 218/15,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 Robert S. Dean, Esq., Center for Appellate Litigation, as assigned counsel for defendant to prosecute the appeals from the aforesaid judgments rendered on or about July 11, 2018, under Indictment Nos. 840/16 and 218/15,

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 120 days from the date of this order or the filing of the complete record, whichever is later. ENTERED: July 11, 2019

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, Rosalyn H. Richter Marcy L. Kahn Anil C. Singh,Justices

M-2424

Ind. Nos. 218/15