People v Elvin Garcia

Motion No: M-1708

Slip Opinion No: 2020 NYSlipOp 68291(U)

Decided on July 9, 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.

July 9, 2020

The People of the State of New York,

Respondent,

v

Elvin Garcia,

Defendant-Appellant.

An order of this Court having been entered on April 30 2020 (M-513), 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 11, 2019, and assigning Robert S. Dean, Esq., as counsel to prosecute the appeal; and a motion having been made to relieve such counsel, and for related relief, 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., as assigned counsel to prosecute defendant's appeal, 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. 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:

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels Angela M. Mazzarelli, Justices

M-1708

Ind. No. 1453/18