People v Covington, Rakim
Motion No: 2006-11782
Slip Opinion No: 2007 NYSlipOp 76851(U)
Decided on September 4, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M59114

E/sl

GLORIA GOLDSTEIN, J.P.

PETER B. SKELOS

STEVEN W. FISHER

DANIEL D. ANGIOLILLO, JJ.

2006-11782, 2007-06840

The People, etc., respondent,

v Rakim Covington, appellant.

(Ind. Nos. 1223/05, 1348/06)

DECISION & ORDER ON MOTION

Motion by the defendant pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered July 19, 2006, under Indictment No. 1348/06 (Appellate Division Docket No. 2007-06840) and, in effect, to amend a decision and order on motion of this court dated February 27, 2007, which granted the appellant leave to prosecute an appeal from a judgment of the same court also rendered July 19, 2006, under Indictment No. 1223/05 (Appellate Division Docket No. 2006-11782), as a poor person, and assigned counsel, to also grant leave to prosecute the appeal from the judgment rendered September 19, 2006, under Ind. No. 1348/06, as a poor person and assign counsel to prosecute that appeal.

Upon the papers filed in support of the motion and no papers having been 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 judgment rendered July 19, 2006, under Indictment No. 1348/06; and it is further,

ORDERED that the decision and order on motion of this court dated February 27, 2007, is amended, the appellant is granted leave to prosecute the appeal from the judgment rendered July 19, 2006, under Indictment No. 1348/06 as a poor person and counsel assigned to prosecute the appeal from the judgment rendered July 19, 2006, under Indictment No. 1223/05 is also assigned to prosecute the appeal from the judgment rendered July 19, 2006, under Indictment No. 1348/06; 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.

GOLDSTEIN, J.P., SKELOS, FISHER and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court