Opinion
Motion No: M-1530
05-28-2020
The People of the State of New York, Respondent, v. Marcus Cain, Defendant-Appellant.
CONFIDENTIAL
Defendant having moved for leave to prosecute, as a poor person, the appeal taken from the order of the Supreme Court, Bronx County (Fabrizio, J.), entered on or about December 19, 2019, for leave to have the appeal heard upon the original record and upon a reproduced appellant's brief, for an extension of time in which to perfect the appeal, 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 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 an original, five hard copies and, if represented by counsel, one digital copy of such brief, together with the original record, pursuant to Section 1250.9 of the Practice Rules of the Appellate Division. The Clerk of the Supreme Court shall expeditiously make and files with the criminal court (CPL 460.70) one transcript of the stenographic minutes of the SORA hearing and any other proceedings before Justice Fabrizio as yet not transcribed. The Clerk shall furnish a copy of such transcripts to appellant's counsel, Janet E. Sabel, Esq., without charge, the transcripts to be returned to this Court when appellant's brief is filed. Janet E. Sabel, Esq., The Legal Aid Society, 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 180 days from the date of receipt of the complete record.
ENTERED: May 28, 2020
__________ CLERK
PRESENT: Hon. David Friedman,Justice Presiding, Judith J. Gische Troy K. Webber Ellen Gesmer Jeffrey K. Oing,Justices
M-1530
Ind. No. 1175/13