People v Simone Gardner

Motion No: M-911

Slip Opinion No: 2020 NYSlipOp 65996(U)

Decided on May 7, 2020

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.

May 7, 2020

The People of the State of New York,

Respondent,

v

Simone Gardner,

Defendant-Appellant.

An order of this Court having been entered on December 26, 2019 (M-8344) granting defendant poor person relief and assigning Janet E. Sabel, Esq., The Legal Aid Society, as counsel for defendant to prosecute the appeal taken from the judgment of the Supreme Court, Bronx County, rendered on or about September 25, 2019, under Ind. No. 2128/18, And an order of this Court having been entered and October 31, 2019 (M-7439) granting defendant poor person relief and assigning Christina Swarns, Esq., Office of the Appellate Defender, as counsel for defendant to prosecute the appeal taken from the judgment of the Supreme Court, New York County, rendered on or about May 20, 2019, under Ind. No. 133/18, And assigned counsel for defendant, Christina Swarns, Esq., Office of the Appellate Defender, under New York Co. Ind. No. 133/18, having moved for an order relieving Janet E. Sabel, Esq., The Legal Aid Society, as assigned counsel under Bronx Co. Ind. No. 2128/18, and substituting the Office of the Appellate Defender, 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 Janet E. Sabel, Esq., as assigned counsel for defendant, 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, to prosecute

the appeal taken from the judgment of the Supreme Court, Bronx County, rendered on or about September 25, 2019, under Ind. No. 2128/18. 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 receipt of the complete record, whichever is later.ENTERED: May 7, 2020

_____________________ CLERK

Present - Hon. Dianne T. Renwick, Justice Presiding, Rosalyn H. Richter Angela M. Mazzarelli Anil C. Singh, Justices

M-911

Ind. No. 2128/18