Opinion
Motion No: M-6468
04-23-2019
The People of the State of New York, Respondent, v. Marvin Holmes, Defendant-Appellant.
An order of a Justice of this Court having been entered on October 23, 2018 (M-4633), granting defendant leave to appeal to this Court from the order of the Supreme Court, New York County (Mark Dwyer, J.), entered on or about August 15, 2018, which denied his motion pursuant to CPL 440.10, And an order of this Court having been entered on December 4, 2018 (M-4633A), granting defendant leave to prosecute, as a poor person, the aforesaid appeal and assigning Christina Swarns, Esq., Office of the Appellate Defender, as counsel to prosecute the appeal; and a motion having been made to relieve such 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 Christina Swarns, Esq., Office of the Appellate Defender, as assigned counsel to prosecute defendant's appeal, and substituting, pursuant to Section 722 of the County Law, Steven A. Feldman, Esq., 626 EAB Plaza, West Tower, 6th Floor, Uniondale, New York, 11556, Telephone No.: 516-522-2828, as such counsel. The poor person relief previously granted is continued, and the time within which appellant shall perfect this appeal is hereby enlarged until 120 days from the date of this order or the filing of the record, whichever is later.
ENTERED: April 23, 2019
_____________________ CLERK
PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Peter Tom Troy K. Webber Marcy L. Kahn Cynthia S. Kern, Justices
M-6468
Ind. No. 5745/07