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People v. Romano

Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts
Oct 31, 2019
2019 N.Y. Slip Op. 84156 (N.Y. App. Term 2019)

Opinion

Motion No: 2016-02311 NCR

10-31-2019

The People of the State of New York, Respondent, v. Robert Romano, Appellant.


BRUCE E. TOLBERT

JERRY GARGUILO, JJ.

DECISION & ORDER ON MOTION

Appeal from a judgment of conviction of the District Court of Nassau County, First District, rendered September 13, 2016. Appellant has repeatedly, by e-mail to the court, "demanded" that counsel be relieved.

Now, on the court's own motion, it is

ORDERED that Andrew E. MacCaskill, Esq. is hereby relieved from representing appellant; and it is further

ORDERED that the appeal is held in abeyance for 30 days and on or before November 29, 2019, pursuant to CPLR 321 (b), appellant is directed to retain new counsel to represent him on the appeal or advise the Clerk of this court in writing that he will proceed pro se (see CPLR 321[a]); and it is further,

ORDERED that on or before November 29, 2019, appellant's new attorney or appellant, if he decides to proceed pro se, shall advise the Clerk of this court, in writing, whether he will adopt the brief filed by former counsel or wishes to file a new or supplemental brief; and it is further,

ORDERED that in the event appellant elects to interpose an application to prosecute the appeal as a poor person and for assignment of counsel, he must do so on or before November 29, 2019; and it is further

ORDERED that in the event that appellant does not comply with the above-stated directives the appeal will be calendared, and appellant will be deemed to be proceeding pro se and to have adopted the brief filed by former counsel; and it is further,

ORDERED that the Clerk of this court, or his designee, shall serve a copy of this decision and order on motion on the parties and their attorneys by regular mail.

ENTER:

Paul Kenny

Chief Clerk


Summaries of

People v. Romano

Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts
Oct 31, 2019
2019 N.Y. Slip Op. 84156 (N.Y. App. Term 2019)
Case details for

People v. Romano

Case Details

Full title:The People of the State of New York, Respondent, v. Robert Romano…

Court:Supreme Court, Appellate Term, Second Dept., 9th & 10th Judicial Districts

Date published: Oct 31, 2019

Citations

2019 N.Y. Slip Op. 84156 (N.Y. App. Term 2019)