Opinion
Motion No. 2023-00828 Ind. No. 1506/19Case No. 2022-00995
04-13-2023
The People of the State of New York, Respondent, v. Mitchell Howell, Defendant-Appellant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Barbara R. Kapnick, Justice Presiding, Cynthia S. Kern, Anil C. Singh, Saliann Scarpulla, John R. Higgitt, Justices.
An order of this Court having been entered on September 27, 2022 (M-3108), inter alia, granting defendant leave to prosecute, as a poor person, the appeal taken to this Court from a judgment of the Supreme Court, Bronx County, rendered on or about February 24, 2022, and assigning counsel therefor, And defendant having moved to deem the moving papers herein a timely filed notice of appeal, or in the alternative, for leave to file an untimely notice of appeal from a judgment of resentence, same Court, rendered on or about July 29, 2022, and to amend the order of assignment to include same, 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 deeming the moving papers a timely filed notice of appeal from the judgment of resentence, rendered on or about July 29, 2022, amending the order of assignment to include the judgment of resentence, and extending the poor person relief previously granted to cover same.