Opinion
Motion No: M-4686
12-14-2017
The People of the State of New York, Respondent, CONFIDENTIAL v. Axel Barahona, Defendant-Appellant.
An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about August 22, 2017,And defendant having moved for an enlargement of time in which to file a notice of appeal from a judgment of the Supreme Court, New York County, rendered on or about July 10, 2017, for leave to prosecute the appeal as a poor person upon the original record and a reproduced appellant's brief, for consolidation of the aforesaid appeals, 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 from the July 10, 2017 judgment, and permitting that 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. To the extent the motion seeks consolidation of the appeals, the Clerk is directed to calendar both appeals (if separately perfected for the same Term) for hearing together on the same day, and the motion is otherwise denied.
ENTERED: December 14, 2017
_____________________ CLERK
Present - Hon. Rosalyn H. Richter,Justice Presiding, Judith J. Gische Barbara R. Kapnick Marcy L. Kahn Cynthia S. Kern,Justices
M-4686
Ind. No. 185/17