Opinion
Motion No: M-3191
09-03-2019
The People of the State of New York, Respondent, CONFIDENTIAL v. SCI. No. 2514/18 Josue Pagan-Montalvo, Defendant-Appellant.
Defendant-appellant having moved for an enlargement of time in which to file a notice of appeal from the judgment of the Supreme Court, Bronx County, rendered on or about February 5, 2019, for leave to prosecute the appeal as a poor person, on the original record and upon a reproduced appellant's brief, and for related relief,And an order of this Court having been entered July 16, 2019 (M-2646) deeming defendant-appellant's notice of appeal from a judgment of the Supreme Court, Bronx County, rendered on or about February 5, 2019, as timely filed, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that that branch of the motion seeking leave to file a late notice of appeal is denied as unnecessary, in light of this Court's order dated July 16, 2019 (M-2646). Defendant's motion for poor person relief 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, 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. Robert S. Dean, Esq., Center for Appellate Litigation, 120 Wall Street, 28th Floor, New York, New York 10005, Telephone No. 212-577-2523, is assigned as counsel for defendant-appellant for purposes of the appeal. The time within which appellant shall perfect this appeal is hereby enlarged until 180 days from the date of receipt of the complete record.
ENTERED: September 3, 2019
__________ CLERK
Present - Hon. Judith J. Gische, Justice Presiding, Marcy L. Kahn Jeffrey K. Oing Anil C. Singh Peter H. Moulton, Justices
M-3191