Opinion
Motion No: M-5579
03-02-2017
The People of the State of New York, Respondent, v. Dewayne Afflick, Defendant-Appellant.
Respondent having moved for dismissal of the appeal taken from the judgment of the Supreme Court, New York County, rendered on or about July 10, 2006, as abandoned, 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 denied and, sua sponte, poor person relief is granted to defendant 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. Seymour W. James, Jr., Esq., 199 Water Street, 5th Floor, New York, New York 10038, Telephone No. 212-577-3688, 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: March 2, 2017
_____________________ CLERK
Present - Hon. Peter Tom,Justice Presiding, David Friedman Paul G. Feinman Marcy L. Kahn,Justices
M-5579
Ind. No. 3456/05