People v Joe Herring .

Motion No: M-1541

Slip Opinion No: 2020 NYSlipOp 69280(U)

Decided on July 30, 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 30, 2020

The People of the State of New York,

Respondent,

v

Joe Herring,

Defendant-Appellant.

An order of this Court having been entered on April 9, 2019 (M-407) granting defendant poor person relief with respect to the appeal taken from the judgment of the Supreme Court, New York County, rendered on or about September 19, 2017, and assigning Christina Swarns, Esq., Office of the Appellate Defender, as counsel to prosecute that appeal; and assigned counsel having moved for an order to be relieved as counsel or, in the alternative, to dismiss defendant's 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due deliberation having been had thereon, It is ordered that the motion is granted to the extent of deeming the appeal withdrawn and is otherwise denied.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: July 30, 2020

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, Dianne T. Renwick Sallie Manzanet-Daniels Judith J. Gische Angela M. Mazzarelli, Justices

M-1541

Ind. No. 371/17