Opinion
Motion No: M-2892
08-13-2019
The People of the State of New York, Respondent, v. Isamael Garcia, Defendant-Appellant.
An order of this Court having been entered on April 11, 2019 (M-96), inter alia, granting defendant's motion for leave to prosecute, as a poor person, the appeal taken from a judgment of the Supreme Court, New York County, rendered on or about January 16, 2018, under Indictment No. 2009/17, and assigning Janet E. Sabel, Esq., The Legal Aid Society, as counsel therefor, And defendant-appellant having moved for an order granting leave to file a late notice of appeal or to deem the moving papers a timely filed notice of appeal from a judgment of resentence of the Supreme Court, New York County, rendered on or about May 18, 2018, and amending the order of assignment, entered on April 11, 2019 (M-96), to include the judgment of resentence, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that said motion is granted to the extent of (1) deeming defendant's moving papers a timely filed notice of appeal, (2) amending the aforementioned order of assignment to include the appeal from the judgment of resentence, rendered May 18, 2018, under Indictment No. 2009/17, and (3) extending the poor person relief previously granted to cover same. 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: August 13, 2019
__________ CLERK
Present - Hon. John W. Sweeny, Jr., Justice Presiding, Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels Peter Tom,Justices
M-2892
Ind. No. 2009/17