Opinion
Motion No: M-7141
10-24-2019
The People of the State of New York, Respondent, v. Damone Luke, Defendant-Appellant.
An order of this Court having been entered on August 27, 2019 (M-3251), inter alia, granting defendant's motion for leave to prosecute, as a poor person, the appeal taken from a judgment of the Supreme Court, New York County, rendered on or about April 3, 2019, and assigning counsel therefor, And defendant-appellant having moved for an order granting leave to file a late notice of appeal, or in the alternative, deeming the within motion papers a timely filed notice of appeal, from a subsequent judgment of resentence, same Court, rendered on or about May 15, 2019 and to amend the aforementioned order of assignment, entered on August 27, 2019 (M-3251), to include said judgment of resentence, 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 motion papers a timely filed notice of appeal, and amending the aforementioned order of assignment to include the judgment of resentence, and extending the poor person relief granted therein to cover same.
ENTERED: October 24, 2019
__________ CLERK
Present - Hon. Sallie Manzanet-Daniels, Justice Presiding, Judith J. Gische Troy K. Webber Peter H. Moulton,Justices
M-7141
Ind. No. 4233/17