People v Williams, Tevin
Motion No: 2021-02621
Slip Opinion No: 2023 NY Slip Op 65563(U)
Decided on April 21, 2023
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M288560

AFA/

VALERIE BRATHWAITE NELSON, J.P.

ROBERT J. MILLER

WILLIAM G. FORD

DEBORAH A. DOWLING, JJ.

2021-02621

The People, etc., respondent,

v Tevin Williams, appellant.

(Ind. Nos. 712/2011, 260/2012)

DECISION & ORDER ON MOTION

Appeal from so much of an order of the County Court, Orange County, dated December 1, 2020, as denied that branch of the defendant's motion which was, in effect, pursuant to CPL 440.30(1-a). Motion by appellant to relieve assigned counsel and to substitute retained counsel and, in effect, for an extension of time to perfect the appeal. The appellant's motion to dispense with printing and for assignment of counsel was granted on May 20, 2022, and the following named attorney was assigned as counsel to prosecute the appeal:

Gary E. Eisenberg

10 Esquire Rd., Ste. 10

New City, NY 10956

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted, and said assigned counsel is directed to turn over all papers in the action to the retained counsel:

Mischel & Horn, P.C.

One Whitehall St., 10th Fl.

New York, NY 10004

and it is further,

ORDERED that on the Court's own motion, so much of the decision and order on motion of this Court dated May 20, 2022, as granted poor person relief to the appellant is vacated, and the appellant's former assigned counsel is directed to turn over all papers in the above-entitled action to the Clerk of this Court; and it is further,

ORDERED that the appellant's time to perfect the appeal is extended; retained counsel shall prosecute the appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 1250.9) and written directions; and it is further,

ORDERED that retained counsel shall serve a copy of this decision and order on motion upon the clerk of the court from which the appeal is taken.

BRATHWAITE NELSON, J.P., MILLER, FORD and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court

Appellant's Address:

12-A-4581

Green Haven Corr. Fac.

P.O. Box 4000

Stormville, NY 12582