Opinion
Motion No: M-3487
10-01-2019
CONFIDENTIAL
Defendant having moved for permission to file a late notice of appeal and for leave to prosecute, as a poor person, an appeal taken from the order of the Supreme Court, New York County (Reed, J.), entered on or about March 29, 2019, for leave to have the appeal heard upon the original record and upon a reproduced appellant's brief, and for related relief, 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 of: (i) directing assigned counsel to file a civil notice of appeal, if timely, pursuant to CPLR 5513(a), (see, Correction Law 168-n(3); and (ii) 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 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 Clerk of the Supreme Court shall expeditiously make and file with the criminal court (CPL 460.70) one transcript of the stenographic minutes of the SORA hearing and any other proceedings before the Supreme Court as yet not transcribed. The Clerk shall furnish a copy of such transcripts to appellant's assigned counsel, Christina Swarns, Esq., Office of the Appellate Defender, without charge, the transcripts to be returned to this Court when appellant's brief is filed. The time within which appellant shall perfect the appeal, if timely, is hereby enlarged until 180 days from the date of receipt of the complete record.
ENTERED: October 1, 2019
__________ CLERK
PRESENT: Hon. Angela M. Mazzarelli, Justice Presiding, Barbara R. Kapnick Troy K. Webber Ellen Gesmer Cynthia S. Kern, Justices
M-3487
Ind. No. 716/13