Opinion
2021-76102 2021-03874
12-16-2021
The People of the State of New York, Respondent, v. Jose Rosario, Defendant-Appellant. Ind. No. 5543/99 Motion No. 2021-03798
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Rolando T. Acosta, Dianne T. Renwick Sallie Manzanet-Daniels Judith J. Gische Barbara R. Kapnick, Justices.
1
Defendant having moved for leave to prosecute, as a poor person, the appeal taken from the order of the Supreme Court, New York County (Drysdale, J.), entered on or about September 29, 2021, for leave to have the appeal heard upon the original record and upon a reproduced appellant's brief, for an extension of time in which to perfect the appeal, 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 that the appeal will 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 with this Court 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 Justice Drysdale as yet not transcribed. The Clerk shall furnish a copy of such transcripts, without charge, to defendant's counsel, Robert S. Dean, Esq., Center for Appellate Litigation, who shall continue as counsel on the appeal, the transcripts to be returned to this Court when appellant's brief is filed. 2
The time within which appellant shall perfect this appeal is hereby extended until 180 days from the date of receipt of the complete record. 3