Opinion
M-342 M-127
04-12-2018
The People of the State of New York, Respondent,CONFIDENTIAL v. Craig Newsome, also known as Craig Newsom, Defendant-Appellant.
Appeals having been taken to this Court from the judgment of the Supreme Court, New York County, rendered on or about December 1, 2003, and from the order of said Court, rendered on or about July 12, 2004, And an order of this Court having been entered on November 14, 2017 (M-4600), inter alia, granting defendant-appellant leave to prosecute the appeal, as a poor person, from the judgment rendered on or about December 1, 2003, and assigning Office of the Appellate Defender, as counsel to prosecute the appeal, And an order of this Court having been entered on December 12, 2017 (M-4601), inter alia, directing defendant-appellant to file a notice of appeal from the order entered on or about July 12, 2004, and granting defendant leave to renew that portion of the motion with respect to poor person relief and assignment of counsel upon the filing of said notice of appeal, And defendant-appellant having moved for leave to prosecute the appeal from the order entered on or about July 12, 2004 as a poor person, upon the original record and a reproduced appellant's brief, for the assignment of counsel, and for an enlargement of time to perfect the appeal (M-127), And the People having cross-moved for dismissal of the aforesaid appeals for failure to timely prosecute (M-342), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, it is Ordered that defendant's motion (M-127) is granted to the extent of permitting the appeal to 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 District Attorney of said county and files 8 copies of such brief, together with the original record, pursuant to Rule 600.11 of the Rules of this Court. The Clerk of the Supreme Court shall expeditiously have made and file with the criminal court (CPL 460.70) one transcript of the stenographic minutes of the SORA hearing and any other proceedings as yet not transcribed. The Clerk shall furnish a copy of such transcripts to appellant's counsel, Christina Swarns, Esq., Office of the Appellate Defender, 11 Park Place, Room 1601, New York, New York 10007, Telephone No. 212-402-4112, without charge, the transcripts to be returned to this Court when appellant's brief is filed. The time within which appellant shall perfect this appeal is hereby enlarged until 120 days from the date of filing of the record. The cross motion (M-342) for dismissal of the appeals is denied.
ENTERED: April 12, 2018
_____________________ CLERK
Present - Hon. John W. Sweeny, Jr.,Justice Presiding, Sallie Manzanet-Daniels Angela M. Mazzarelli Jeffrey K. Oing Peter H. Moulton,Justices
Ind. No. 4582/02