Opinion
Motion No: M-6189
03-02-2017
The People of the State of New York, Respondent, v. Luis J. Rodriguez, Defendant-Appellant.
Defendant having renewed his motion for leave to prosecute, as a poor person, the appeal from the judgment of the Supreme Court, New York County, rendered on or about February 26, 2009 and for the judgment of resentence, same Court, rendered on or about April 29, 2009, for leave to have the appeal heard on 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 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 8 reproduced copies of such brief, together with the original record, pursuant to Rule 600.11 of the Rules of this Court. 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. 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 120 days from the date of filing of the record.
ENTERED: March 2, 2017
_____________________ CLERK
PRESENT - Hon. John W. Sweeny, Jr., Justice Presiding, Rosalyn H. Richter Angela M. Mazzarelli Karla Moskowitz Sallie Manzanet-Daniels, Justices
M-6189
Ind. No. 1580/03