Appellate Division: Second Judicial Department

M56694

E/sl

WILLIAM F. MASTRO, J.P.

REINALDO E. RIVERA

ROBERT A. SPOLZINO

WILLIAM E. McCARTHY, JJ.

2006-02502, 2006-02506 The People, etc., respondent, v David Sayles, appellant. (Ind. No. 05-00061)

DECISION & ORDER ON MOTION

Appeals by the defendant from a judgment of the County Court, Rockland County, rendered January 26, 2006, and a resentence of the same court dated February 2, 2006.

Now, on the court's own motion, it is

ORDERED that the decision and order on motion of this court dated August 4, 2006, which granted leave to the appellant to prosecute the appeal from the judgment as a poor person, and the decision and order on motion of this court dated October 4, 2006, which assigned counsel to prosecute the appeal from the judgment are amended to provide that the appellant is granted leave to prosecute the appeal from the resentence as a poor person and counsel assigned to prosecute the appeal from the judgment is also assigned to prosecute the appeal from the resentence; and it is further,

ORDERED that on or before August 31, 2007, the appellant, if so advised, may serve and file a supplemental brief raising any issue in connection with the appeal from the resentence; and it is further,

ORDERED that on or before October 1, 2007, the respondent, if so advised, may serve and file a supplemental brief in response to the appellant's supplemental brief; 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 appeals are taken.

MASTRO, J.P., RIVERA, SPOLZINO and McCARTHY, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court