Opinion
Motion No: M-4002
10-19-2017
The People of the State of New York, Respondent, v. Wilmer Cueva, Defendant-Appellant.
An appeal having been taken from a judgment of the Supreme Court, New York County, rendered on or about November 4, 2016, And an order of this Court having been entered on April 6, 2017 (M-833), denying the motion filed by defendant, via retained counsel Cesar del Castro, Esq., for said counsel to be relieved as retained counsel and instead assigning said counsel to represent defendant on the appeal, and to be compensated for said representation pursuant to Article 18-B of the Assigned Counsel plan, And defendant, via retained counsel Cesar del Castro, Esq., having renewed the aforesaid motion for said 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 only to the extent of relieving retained counsel Cesar del Castro, Esq., on defendant's appeal. The motion is otherwise denied without prejudice to a motion by defendant for poor person relief and assignment of counsel with the required affidavit of indigency to be provided by defendant (CPLR Article 11).
ENTERED: October 19, 2017
_____________________ CLERK
Present - Hon. Richard T. Andrias, Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices
M-4002
Ind. No. 1971/15