Opinion
Motion No: M-2447
08-23-2018
The People of the State of New York, Respondent, v. 3125/15 Milton Castillo, Defendant-Appellant.
Defendant having moved to file an untimely notice of appeal and for leave to prosecute, as a poor person, the appeal from two judgments of the Supreme Court, Bronx County, rendered on or about April 12, 2017, for leave to have the appeal heard 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 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 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. Christina Swarns, Esq., Office of the Appellate Defender, 11 Park Place, Room 1601, New York, New York 10007, Telephone No. 212-402-4100, 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. That branch of defendant-appellant's motion which seeks leave to file an untimely notice of appeal is denied as unnecessary, as timely notices of appeal are filed on defendant's behalf from the aforementioned judgments.
ENTERED: August 23, 2018
_____________________ DEPUTY CLERK
Present - Hon. Judith J. Gische,Justice Presiding, Barbara R. Kapnick Ellen Gesmer Cynthia S. Kern,Justices
M-2447
Ind. Nos. 2768/15