Opinion
Motion No. 2021-02621 Ind. Nos. 712/2011260/2012
04-21-2023
The People, etc., respondent, v. Tevin Williams, appellant.
Unpublished Opinion
MOTION DECISION
M288560
VALERIE BRATHWAITE NELSON, J.P., ROBERT J. MILLER, WILLIAM G. FORD, DEBORAH A. DOWLING, JJ.
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.