Opinion
Motion No. 2022-02258 Ind. No. 39N/15Case No. 2016-02587
07-19-2022
Unpublished Opinion
MOTION DECISION
Present - Hon. Cynthia S. Kern, Angela M. Mazzarelli, Ellen Gesmer, Jeffrey K. Oing, Peter H. Moulton, Justice.
An order of this Court having been entered on January 02, 2020 (M-8447) granting defendant leave to prosecute, as a poor person, the appeal taken from the judgment of the Supreme Court, New York County, rendered on or about May 20, 2016, and assigning Christina Swarns, Esq., predecessor to Caprice R. Jenerson, Esq., Office of the Appellate Defender, as counsel to prosecute the appeal; and a motion having been made to relieve assigned counsel and substitute Justin Bonus, Esq., as retained counsel, and for related relief, 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 striking the designation of Caprice R. Jenerson, Esq., Office of the Appellate Defender, as assigned counsel to prosecute defendant's appeal. That branch of defendant's motion which seeks to substitute Justin Bonus, Esq., as retained counsel is denied as unnecessary. The poor person relief previously granted is continued, and appellant's time in which to perfect the appeal is extended until 120 days from the date of this order, or the receipt of the complete record, whichever is later.