Opinion
M-2990 M-2989
08-06-2019
The People of the State of New York, Respondent, v. SCI. Nos. 2968/16 Angel Garcia, 1382/17 Defendant-Appellant.
Defendant having moved, by separate notices of motion, to deem the within motions as timely filed notices of appeal from judgments of the Supreme Court, Bronx County, both rendered on or about April 3, 2019, for leave to prosecute the appeals as a poor person 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 motions are granted to the extent of deeming the motions as timely filed notices of appeal and permitting the appeals 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 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 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. 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 appeals. The time within which appellant shall perfect these appeals is hereby enlarged until 180 days from the date of receipt of the complete records.
ENTERED: August 6, 2019
__________ DEPUTY CLERK
Present - Hon. John W. Sweeny, Jr., Justice Presiding, Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels Peter Tom, Justices