Opinion
2021-74332 Motion 2018-13932
11-15-2021
The People, etc., Respondent, v. Quentin Swain, Appellant. Ind. No. 2017-00334
Unpublished Opinion
MOTION DECISION
HECTOR D. LASALLE, P.J., WILLIAM F. MASTRO, REINALDO E. RIVERA, MARK C. DILLON, CHERYL E. CHAMBERS, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of the County Court, Orange County, rendered November 5, 2018. By decision and order of this Court dated March 10, 2021, the matter was remitted to the County Court, Orange County, for further proceedings, including a hearing, on the appellant's motion to withdraw his plea of guilty, and thereafter a report to this Court as to the County Court's findings with respect to whether the appellant has established his entitlement to the withdrawal of his plea, and the appeal was held in abeyance in the interim. The County Court, Orange County, filed its report dated September 15, 2021. The appellant's motion for poor person relief and the assignment of counsel was granted on December 9, 2019, and the following named attorney was assigned to prosecute the appeal:
Walter J. Storey
51 Old Minisink Trail
Goshen, NY 10924
On the Court's own motion, it is
ORDERED that previously assigned counsel is relieved of the assignment and directed to turn over all papers in the action to new counsel herein assigned; and it is further, ORDERED that pursuant to County Law § 722 the following named attorney is assigned to prosecute the appeal:
John R. Lewis
36 Hemlock Drive
Sleepy Hollow, NY 10591
and it is further,
ORDERED that the appellant's time to serve and file a supplemental brief is extended, and on or before January 31, 2022, the appellant shall serve the supplemental brief and upload a digital copy of the supplemental brief, with proof of service thereof, through the digital portal on this Court's website; and it is further, ORDERED that the time to serve and file a respondent's brief, if any, is extended until March 2, 2021, and the time to serve and file a reply brief, if any, is extended until March 18, 2021; and it is further, ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeal is taken.
LASALLE, P.J., MASTRO, RIVERA, DILLON and CHAMBERS, JJ., concur.