Opinion
Motion No. 2023-02600 Ind. Nos. 555/142052/15 No. 2018-1960
07-20-2023
The People of the State of New York, Respondent, v. James Lucas, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Troy K. Webber, Justice Presiding, Cynthia S. Kern Jeffrey K. Oing David Friedman Peter H. Moulton, Justices.
An order of this Court having been entered on March 15, 2018 (M-303) granting defendant leave to prosecute, as a poor person, the appeal from a judgment of the Supreme Court, Bronx County, rendered on or about July 14, 2017 under Indictment No. 555/14, and assigning Seymour W. James, Jr., Esq., as predecessor to Twyla Carter, Esq., The Legal Aid Society, as counsel to prosecute the appeal;
And a further order of this Court having been entered on November 21, 2019 (M-7403), amending the aforementioned order of assignment to include a judgment, same Court, rendered on or about July 14, 2017, under Indictment No. 2052/15, And assigned counsel having moved to be relieved as such counsel based on a conflict of interest, 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 Seymour W. James, Jr., Esq., as predecessor to Twyla Carter, Esq., The Legal Aid Society, as assigned counsel to prosecute defendant's appeal, and substituting, pursuant to Section 722 of the County Law, Caprice R. Jenerson, Esq., Office of the Appellate Defender, 11 Park Place, Suite 1601, New York, New York 10007, Telephone No. 212-402-4100 as such counsel. 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.