Opinion
Motion No. 2020-01297
06-17-2021
The People of the State of New York, Respondent, v. Elijah Smith, Defendant-Appellant.
Present - Hon. Barbara R. Kapnick, Justice Presiding, Cynthia S. Kern Anil C. Singh Lizbeth González, Justices. Ind. Nos. 1706/18 1939/17
Case No. 2019-05440
An order of this Court having been entered on January 23, 2020 (M-8736), inter alia, granting defendant's motion for leave to prosecute, as a poor person, the appeal taken to this Court from a judgment of the Supreme Court, Bronx County, rendered on or about October 29, 2019, under Indictment No. 1706/18, and assigning Janet E. Sabel, Esq., The Legal Aid Society, as counsel to prosecute said appeal,
And assigned counsel having moved to amend the aforesaid order of assignment to include the appeal taken from a judgment, same Court, rendered on or about October 29, 2019, under Indictment No. 1939/17,
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, deemed to include a request to file a late notice of appeal under Indictment No. 1939/17, is granted to the extent of deeming the within moving papers a timely filed notice of appeal from the judgment rendered on or about October 29, 2019 under Indictment No. 1939/17. This Court's order of assignment, entered on January 23, 2020 (M-8736) is hereby amended to include the appeals taken under Indictment No. 1939/17 and 1706/18, both rendered on or about October 29, 2019, and the poor person relief previously granted is extended to cover same. ENTERED: June 17, 2021
/s/
Susanna Molina Rojas
Clerk of the Court