Opinion
2021-72888 Motion 2021-00292 SCR
09-23-2021
The People of the State of New York, Respondent, v. Heriberto Echevarria-Acevedo, Jr., Appellant.
Unpublished Opinion
MOTION DECISION
TERRY JANE RUDERMAN, P.J., TIMOTHY S. DRISCOLL, HELEN VOUTSINAS, JJ.
DECISION, ORDER AND CERTIFICATE GRANTING LEAVE TO APPEAL ON APPLICATION
Combined application and motion by defendant. Application, pursuant to CPL 450.15 and 460.15, for a certificate granting leave to appeal to this court from an order of the District Court of Suffolk County, First District, entered April 6, 2021, which denied his CPL 440.10 motion to vacate the judgment. Motion, upon granting leave to appeal from the order entered April 6, 2021, to consolidate the appeal with an appeal under Appellate Term docket number 2019-348 S CR.
Upon the papers filed in support of the application and the papers filed in opposition thereto, it is
ORDERED that the application is granted and defendant is granted leave to appeal an order of the District Court of Suffolk County, First District, entered, which denied his CPL 440.10 motion to vacate the judgment; and it is further, CERTIFIED that said order involves questions of law or fact which ought to be reviewed by the Appellate Term, 9th and 10th Judicial Districts; and it is further, ORDERED that the papers which accompanied this application are deemed to be a timely notice of appeal from said order; and it is further, ORDERED that on the court's own motion, defendant is granted leave to prosecute the appeal as a poor person and the Legal Aid Society is assigned as counsel; and it is further, ORDERED that the court stenographer, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to the attorney who is now assigned as counsel to prosecute the appeal and to file the second copy of the transcript, if any, with the record, which shall then be filed with this court; and it is further, ORDERED that assigned counsel shall serve a copy of the transcript, if any, upon the District Attorney, same to be returned upon argument or submission of the appeal; and it is further, ORDERED that the branch of the motion to consolidate the appeal from the order entered with the appeal under Appellate Term docket number 2019-348 S CR is granted to the extent that defendant may perfect the appeals with a single brief bearing both docket numbers and there shall be oral argument, if requested, on both of the appeals at the same time; and it is further, ORDERED, on the court's own motion, that an enlargement of time to perfect the appeal under Appellate Term docket number 2019-348 S CR is granted and both appeals shall be perfected by December 21, 2021.