Opinion
Motion No: M-6749
04-25-2019
The People of the State of New York, Respondent, v. Derly Marte, Defendant-Appellant.
Defendant having moved 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 August 8, 2018, for leave to have the appeal heard on the original record and upon a reproduced appellant's brief, and for other relief, Now, upon reading the affirmation of counsel for defendant-appellant, dated December 18, 2018, 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 permitting the appeal to be heard on the original record, except that a certified copy of the indictment(s) shall be substituted in place of the original indictment(s), 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, five hard copies 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. The court reporter shall promptly make and file with the criminal court (CPL §460.70) one transcript of the stenographic minutes of any proceedings pursuant to CPL §210.20, Arts. 710 and 730, and of the plea or trial and sentence. The Clerk shall furnish a copy of such transcripts to appellant's counsel, without charge, the transcripts to be returned to this Court when appellant's brief is filed.Defendant-appellant's time in which to perfect the appeal is enlarged until 180 days from the date of receipt of the complete record.
ENTERED: April 25, 2019
_____________________ CLERK
Present - Hon. David Friedman,Justice Presiding, Dianne T. Renwick Troy K. Webber Marcy L. Kahn Cynthia S. Kern,Justices
M-6749
Ind. No. 2689/17