Appellate Division: Second Judicial Department

M67302

S/nl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

ROBERT A. SPOLZINO

PETER B. SKELOS, JJ.

2006-04115, 2007-09854 The People, etc., respondent, v James Franklin, appellant. (Ind. No. 5850/05)

DECISION & ORDER ON MOTION

On the court's own motion, it is

ORDERED that its decision and order on motion dated November 7, 2007, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

Motion by the appellant on appeal from a judgment of the Supreme Court, Kings County, rendered April 20, 2006, to amend a decision and order on motion of this court, dated August 28, 2006, assigning counsel, to reflect that the appellant also appeals from a resentence of the same court, imposed October 4, 2007, to consolidate the appeals, and for the law firm of Simpson, Thacher & Bartlett LLP, 425 Lexington Avenue, New York, New York 10017-3954, to be assigned as pro-bono of counsel to represent him jointly with Steven Banks, Esq., The Legal Aid Society, on both appeals.

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, the order of assignment is deemed amended, the appeals are consolidated, and Simpson, Thacher & Bartlett LLP, 425 Lexington Avenue, New York, New York 10017-3954, is assigned as pro-bono of counsel to represent the appellant jointly with Steven Banks, Esq., The Legal Aid Society, on both appeals.

PRUDENTI, P.J., MASTRO, RIVERA, SPOLZINO and SKELOS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court