| People v Perez, Andrea, a/k/a Perez, Rodolpho A. |
| Motion No: 2006-05762 +1 |
| Slip Opinion No: 2007 NYSlipOp 69633(U) |
| Decided on May 16, 2007 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M54621
E/sl
REINALDO E. RIVERA, J.P.
ROBERT A. SPOLZINO
ANITA R. FLORIO
DANIEL D. ANGIOLILLO, JJ.
|
2006-05762, 2007-03497 The People, etc., respondent, v Andrea Perez, a/k/a Rodolpho A. Perez, appellant. (S.C.I. Nos. 1778/05, 1024/06)
| DECISION & ORDER ON MOTION |
Motion by the defendant pursuant to CPL 460.30 for an extension of time to take an appeal from an amended judgment of the Supreme Court, Queens County, rendered May 3, 2006, under Superior Court Information No. 1778/05 (Appellate Division Docket No. 2007-03497), in effect, to amend a decision and order on motion of this court dated October 24, 2006, which granted the appellant leave to prosecute an appeal from a judgment of the Supreme Court, Queens County, also rendered May 3, 2006, under Superior Court Information No. 1024/06 (Appellate Division Docket No. 2006-05762), as a poor person, and assigned counsel, to also grant leave to prosecute the appeal from the amended judgment as a poor person and assign counsel to prosecute that appeal, and to deem the brief filed in connection with the appeal from the judgment to also be the brief in connection with the appeal from the amended judgment.
Upon the papers filed in support of the motion and the papers filed in opposition or relation thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that the defendant's moving papers are deemed to constitute a timely notice of appeal from the amended judgment rendered May 3, 2006, under Superior Court Information No. 1778/05; and it is further,
ORDERED that the decision and order on motion of this court dated October 24, 2006, is amended, the appellant is granted leave to prosecute the appeal from the amended judgment as a poor person and counsel assigned to prosecute the appeal from the judgment is also assigned to prosecute the appeal from the amended judgment; and it is further,
ORDERED that the brief filed in connection with the appeal from the judgment is deemed to also be the brief in connection with the appeal from the amended judgment; and it is further,
ORDERED that the appellant's assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeal is taken.
RIVERA, J.P., SPOLZINO, FLORIO and ANGIOLILLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court