Opinion
Motion No: M-6689
04-04-2019
The People of the State of New York ex rel. Luke Schram, Esq., on behalf of Barry Kendrick, Petitioner-Appellant, v. Index No. 452043/18 Cynthia Brann, Commissioner, New York City Department of Correction, Respondent-Respondent.
An appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about October 26, 2018, which denied and dismissed petitioner's application for a writ of habeas corpus,And petitioner-appellant having moved for a reduction in bail from $10,000 to release under supervision, for expedited hearing of his appeal, and for leave to prosecute the aforesaid appeal as a poor person, for leave to have the appeal heard upon the original record and a reproduced appellant's brief, and for the assignment of counsel, And interim relief having been granted by an order of a Justice of this Court dated December 19, 2018, releasing defendant under supervision by the CASES Supervised Release Program, 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 that the interim relief granted by a Justice of this Court on December 19, 2018 is continued upon the condition that the appeal is perfected for the September 2019 Term of this Court. It is further directed that the appeal 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 Attorney General of the State of New York and files an original, five hard copies and, 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. Pursuant to Section 35 of the Judiciary Law, 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 appellant for purposes of the appeal. Movant is directed to perfect the appeal for the September 2019 Term and, if so perfected, the appeal is to be maintained on the calendar for said September 2019 Term. Counsel is directed to perfect the appeal in accordance with Section 1250.5 of the Rules of the Appellate Division.
ENTERED: April 4, 2019
_____________________ CLERK
Present - Hon. Dianne T. Renwick, Justice Presiding, Rosalyn H. Richter Peter Tom Marcy L. Kahn Peter H. Moulton, Justices
M-6689
Ind. No. 3329/18