Opinion
Motion No: M-4633A
12-04-2018
The People of the State of New York, Respondent, v. Marvin Holmes, Defendant-Appellant.
An order of a Justice of this Court having been entered on October 23, 2018 (M-4633), granting defendant leave to appeal to this Court from the order of the Supreme Court, New York County (Mark Dwyer, J.), entered on or about August 15, 2018, which denied his motion pursuant to CPL 440.10, And defendant-appellant having moved for poor person relief and the assignment of counsel to prosecute the appeal from said order, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that poor person relief 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 and five hard copies, and if represented by counsel, one digital copy of such brief, together with the original record, with this Court, pursuant to Section 1250.9 of the Practice Rules of the Appellate Division. Christina Swarns, Esq., Office of the Appellate Defender, 11 Park Place, Suite 1601, New York, New York 10007, Telephone No. 212-402-4100, 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: December 4, 2018
_____________________ CLERK
PRESENT: Hon. Dianne T. Renwick,Justice Presiding, Rosalyn H. Richter Marcy L. Kahn Ellen Gesmer Anil C. Singh,Justices
M-4633A
Ind. No. 5745/07