Opinion
Motion No: M-3289A
10-04-2018
The People of the State of New York, Respondent, v. Walde Vizcaino, Defendant-Appellant.
An order of a Justice of this Court having been entered on June 28, 2018 (M-2536), granting defendant-appellant leave to appeal to this Court pursuant to CPL 460.15 from the order of the Supreme Court, New York County, entered on or about May 3, 2018, which order denied defendant-appellant's motion to vacate, pursuant to CPL § 440.10, the judgment of the Supreme Court, New York County, rendered on or about October 15, 2013, And defendant-appellant having moved for poor person relief and the assignment of the Center for Appellate Litigation as counsel to prosecute the appeal from said order, 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 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.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. The order of this Court entered on September 25, 2018 (M-3289), is hereby recalled and vacated.
ENTERED: October 4, 2018
_____________________ CLERK
Present - Hon. Rolando T. Acosta, Presiding Justice, David Friedman John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter, Justices
M-3289A
Ind. No. 4177/11