Opinion
Motion No: 2013-01885 KCR
01-02-2015
The People of the State of New York, Respondent, v. Jarmel Blake, Appellant.
MICHELLE WESTON
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
Motion by Lynn W. L. Fahey, Esq., counsel assigned to prosecute an appeal from a judgment of conviction of the Supreme Court of the State of New York, Kings County, rendered May 29, 2013, to transfer the appeal to the Appellate Division, Second Judicial Department. By decision and order on motion of this court dated October 25, 2013, a motion by appellant for leave to prosecute the appeal as a poor person and for the assignment of counsel was granted and counsel was assigned.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED, on the court's own motion, that the appeal is transferred to the Appellate Division, Second Judicial Department, for determination, as the appeal is from a judgment of conviction of the Supreme Court, Kings County; and it is further,
ORDERED, on the court's own motion, that this court's decision and order dated October 25, 2013 is recalled and vacated, and appellant's motion is dismissed without prejudice to appellant moving in the Appellate Division, Second Judicial Department, for leave to prosecute the appeal as a poor person and for the assignment of counsel; and it is further,
ORDERED that the motion by Lynn W. L. Fahey, Esq., is dismissed.
ENTER:
Paul Kenny
Chief Clerk