People v Mario Fernandez also known as

Motion No: M-2926

Slip Opinion No: 2019 NYSlipOp 77314(U)

Decided on August 13, 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.

August 13, 2019

The People of the State of New York,

Respondent,

v

Mario Fernandez, also known as

Mario Fernadez,

Defendant-Appellant.

Defendant-appellant's assigned counsel, the Office of the Appellate Defender, having moved for an order relieving it as assigned counsel or, in the alternative, dismissing defendant's appeal taken from a judgment of the Supreme Court, Bronx County, rendered on or about July 12, 2016, without prejudice to reinstatement at such time appellant becomes amenable to the jurisdiction of this Court, 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deliberation having been had thereon, It is ordered that the motion is granted only to the extent of deeming the appeal withdrawn, and is otherwise denied. ENTERED: August 13, 2019

_____________________ CLERK

Present - Hon. Judith J. Gische, Justice Presiding, Marcy L. Kahn Jeffrey K. Oing Anil C. Singh Peter H. Moulton, Justices

M-2926

Ind. No. 1993/14