People v. Johnson

Full title: The People of the State of New York, Plaintiff, v. Odell Terrick Johnson…

Court: Supreme Court, Appellate Term, Second Dept., 2nd, 11th, & 13th Judicial Districts

Date published: Feb 15, 2019

2019 N.Y. Slip Op. 64083 (N.Y. App. Term 2019)

Opinion

Motion No: 2019-00080 QCR

02-15-2019

The People of the State of New York, Plaintiff, v. Odell Terrick Johnson, Defendant.

MICHAEL L. PESCE, P.J.

THOMAS P. ALIOTTA

DAVID ELLIOT, JJ.

DECISION & ORDER ON MOTION

Motion by defendant, pursuant to CPL 460.30, for an extension of time to take an appeal from a resentence of the Criminal Court of the City of New York, Queens County, imposed October 17, 2018, to amend a decision and order on motion of this court dated July 12, 2018, which, among other things, granted poor person relief and the assignment of counsel with respect to the appeal from the judgment of conviction rendered September 18, 2017 (appeal No. 2017-2043 Q CR), to reflect that poor person relief and the assignment of counsel are also granted with respect to the appeal from the resentence imposed October 17, 2018 (appeal No. 2019-80 Q CR), and to consolidate the appeal from the judgment of conviction with the appeal from the resentence.

Upon the papers filed in support of the motion and the papers filed in response thereto, it is

ORDERED that the branch of defendant's motion seeking an extension of time to take an appeal is granted and defendant's moving papers are deemed to constitute a timely notice of appeal; and it is further,

ORDERED, on the court's own motion, that the appeal shall be perfected expeditiously; and it is further,

ORDERED that the branch of defendant's motion seeking to amend so much of the decision and order on motion dated July 12, 2018 as granted defendant leave to prosecute the appeal as a poor person and assigned counsel is granted and that decision and order on motion is deemed amended to reflect that poor person relief and assignment of counsel are also granted with respect to the appeal from the resentence; and it is further,

ORDERED that the branch of defendant's motion seeking to consolidate the appeals is granted to the extent that the appeals may be perfected with a single brief bearing both of the appeal numbers and there shall be oral argument, if requested, on both appeals at the same time.

ENTER:

Paul Kenny

Chief Clerk