Opinion
Motion No: M-4598
11-09-2017
The People of the State of New York, Respondent, v. Kendall Neat, 4428/15 Defendant-Appellant.
Defendant having moved for an enlargement of time in which to file a notice of appeal taken from the judgments of the Supreme Court, New York County, rendered on or about December 5, 2016, and from a judgment of resentence of the same Court, entered on or about February 6, 2017, for leave to prosecute the appeal as a poor person upon the original record and a reproduced appellant's brief, 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 deeming the moving papers a timely filed notice of appeal and permitting the appeal to be heard on the original record, except that a certified copy of the indictment(s) shall be substituted in place of the original indictment(s), and upon a reproduced appellant's brief, on condition that appellant serves one copy of such brief upon the District Attorney of said county and files 8 copies of such brief, together with the original record, pursuant to Rule 600.11 of the Rules of this Court. The court reporter shall promptly make and file with the criminal court (CPL §460.70) one transcript of the stenographic minutes of any proceedings pursuant to CPL §210.20, Arts. 710 and 730, and of the plea or trial, sentence and resentence. The Clerk shall furnish a copy of such transcripts to appellant's counsel, without charge, the transcripts to be returned to this Court when appellant's brief is filed. Christina Swarns, Esq., Office of the Appellate Defender, 11 Park Place, Room 1601, New York, New York 10007, Telephone No. 212-402-4112, is assigned as counsel for defendant-appellant for purposes of the appeal. The time within which appellant shall perfect this appeal is hereby enlarged until 120 days from the date of filing of the record.
ENTERED: November 9, 2017
_____________________ CLERK
PRESENT: Hon. Peter Tom, Justice Presiding, Rosalyn H. Richter Richard T. Andrias Ellen Gesmer Anil C. Singh, Justices
M-4598
Ind. Nos. 3605/14