Opinion
Motion No: M-3227
09-12-2017
The People of the State of New York, Respondent, v. Ind. Nos. 634/15 Carrell Johnson, 276/15 Defendant-Appellant.
An order of this Court having been entered on May 11, 2017 (M-1662), 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 27, 2017, under Indictment No. 634/15, and assigning counsel therefor, And defendant-appellant having moved for an order amending this Court's aforesaid order of assignment to reflect that, after resentence, the date of the judgment of defendant's conviction under 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 amending defendant's notice of appeal and order of assignment (M-1662) entered on May 11, 2017, to also include an appeal from the February 21, 2017 judgment of resentence; deeming the notice of appeal as having been timely filed from said judgment of resentence; and continuing the previously granted poor person relief and assignment of Christina Swarns, Esq., successor counsel to Rosemary Herbert, Esq., The Office of the Appellate Defender, to include the appeal taken from the February 21, 2017 judgment of resentence of the same court under New York County Ind. No. 634/15.
ENTERED: September 12, 2017
_____________________ CLERK
Present - Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices
M-3227
Ind. No. 634/15 is February 21, 2017; and deeming defendant's moving papers to be a timely filed notice of appeal from the judgment of resentence,