Opinion
Motion No. 2013-08549 Ind. No. 1634/2011
05-17-2023
The People, etc., respondent, v. Mark Baez, appellant.
Unpublished Opinion
MOTION DECISION
M289032 AFA/
FRANCESCA E. CONNOLLY, J.P. VALERIE BRATHWAITE NELSON JOSEPH J. MALTESE JOSEPH A. ZAYAS, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of the Supreme Court, Queens County, rendered July 19, 2013, which was determined by decision and order of this Court dated August 21, 2019. By decision and order on motion of this Court dated March 30, 2022, the appellant's application for a writ of error coram nobis to vacate the decision and order of this Court dated August 21, 2019, on the ground of ineffective assistance of appellate counsel, was held in abeyance, the appellant was granted leave to serve and file a brief on the issue of whether the appellant was deprived of a fair trial due to the trial court's extensive questioning of witnesses, usurping the role of the attorneys, and/or creating the impression that it was an advocate for the People, and the following named attorney was assigned as counsel to prosecute the application: Janet E. Sabel, The Legal Aid Society, 199 Water Street - 5th Floor, New York, NY 10038. Motion by the appellant's assigned counsel to be relieved of the assignment and for the assignment of new counsel.
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 Janet E. Sabel is relieved of the assignment and is directed to turn over all papers in the action to the new counsel herein assigned; and it is further, ORDERED that pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the application:
Randall D. Unger
125-10 Queens Blvd., Ste. 5
Kew Gardens, NY 11415
and it is further, ORDERED that on the Court's own motion, the appellant's time to serve and file a brief is extended, and on or before June 17, 2023, the appellant shall serve the appellant's brief and upload digital copies of the appellant's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further, ORDERED that assigned counsel shall serve a copy of this decision and order on motion upon the clerk of the Supreme Court, Queens County.
CONNOLLY, J.P., BRATHWAITE NELSON, MALTESE and ZAYAS, JJ., concur.