Opinion
Motion No: M-1708
05-18-2017
Defendant having moved for leave to prosecute, as a poor person, the appeal from the judgment of the Supreme Court, Bronx County, rendered on or about March 9, 2017, for leave to have the appeal heard on the original record and upon a reproduced appellant's brief, and for continuation of the stay of execution of sentence and bail pending appeal, granted by a Justice of this Court on March 13, 2017, 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 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 reproduced copies of such brief, together with the original record, with 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, of the plea or trial and sentence. 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. Robert S. Dean, Esq., Center for Appellate Litigation, 120 Wall Street, 28th Floor, New York, New York 10005, Telephone No. 212-577-2523, is assigned as counsel for defendant-appellant for purposes of the appeal. The stay of execution of the sentence and bail is granted on the original terms and conditions, and on further condition that the appeal is perfected for the September 2017 Term of this Court.
ENTERED: May 18, 2017
_______________________ CLERK
PRESENT - Hon. Rolando T. Acosta, Justice Presiding, Angela M. Mazzarelli Sallie Manzanet-Daniels Troy K. Webber, Justices
M-1708