People v Lemuel Skipper

Motion No: M-2242

Slip Opinion No: 2020 NYSlipOp 71319(U)

Decided on September 10, 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.

September 10, 2020

The People of the State of New York,

Respondent, CONFIDENTIAL

v

Lemuel Skipper,

Defendant-Appellant.

An order of this Court having been entered on August 27, 2019 (M-3224), granting defendant limited poor person relief with respect to the appeal taken to this Court from the judgment of the Supreme Court, Bronx County, rendered on or about February 22, 2019, in that defendant's retained counsel, Richard E. Mischel, Esq., was to be provided a certified transcript of the proceedings without charge; and a motion having been made by retained counsel to be relieved as such counsel, and for the appointment of assigned counsel to represent defendant on the aforementioned appeal, 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 relieving Richard E. Mischel, Esq., as defendant's appellate counsel. That branch of the motion seeking appointment of assigned counsel is denied, with leave to renew, upon defendant's submission of a detailed, notarized affidavit, pursuant to CPLR

1101(a) and 22 NYCRR 1250.4 (d)(1) and (4), setting forth, inter alia, defendant's indigency as well as facts sufficient to establish that defendant has no funds or assets with which to prosecute this appeal. ENTERED: September 10, 2020

_____________________ CLERK

Present - Hon. Rolando T. Acosta, Presiding Justice, Judith J. Gische Troy K. Webber Ellen Gesmer Jeffrey K. Oing, Justices

M-2242

Ind. No. 2409/15