Opinion
Motion No. 2022-00907 Ind. Nos. 9784/19983109/2014 Case Nos. 2008-01124 2022-00427
06-30-2022
The People of the State of New York, Respondent, v. Rafael Esquilin, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
BEFORE: Hon. Peter H. Moulton, Justice of the Appellate Division
CERTIFICATE GRANTING LEAVE
Hon. Peter H. Moulton Associate Justice
I, Peter H. Moulton, a Justice of the Appellate Division, First Judicial Department, do hereby certify that in the proceedings herein questions of law or fact are involved which ought to be reviewed by the Appellate Division, First Judicial Department, and, pursuant to Section 460.15 of the Criminal Procedure Law, permission is hereby granted to the above-named defendant to appeal to the Appellate Division, First Judicial Department, from the order of the Supreme Court, New York County, entered on or about February 3, 2022, which denied defendant' post-judgment motions with respect to Indictments 9784/1988 and 3109/2014.
Defendant's existing (direct) appeal from a judgment of resentence of the Supreme Court, New York County, rendered on or about February 2, 2022 (Case No. 2022-00427), shall be consolidated with the appeal from the aforesaid order, Any poor person relief and assignment of counsel granted with respect to the appeal from the aforesaid judgment shall be extended to cover the appeals so consolidated (See, Order, M-2022-00813, entered April 14, 2022).
NOTICE: Within 15 days from the date hereon, an appeal must be taken, and this certificate must be filed with the notice of appeal. An appeal is taken by filing, in the Clerk's office of the criminal court in which the order sought to be appealed was rendered, a written notice in duplicate that appellant appeals to the Appellate Division, First Judicial Department (Section 460.10, subd. 4, CPL), together with proof that another copy of the notice of appeal has been served upon opposing counsel. The appeal (or consolidated appeals; see footnote) must be argued within 120 days from the date of the notice of appeal, unless the time to perfect the appeal(s) is enlarged by the court or a justice thereof.