Appellate Division: Second Judicial Department

M98427

J/nl

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

RANDALL T. ENG

CHERYL E. CHAMBERS, JJ.

2009-04487, 2010-01351, 2010-01352 The People, etc., respondent, v Ryan Foy, appellant. (Ind. Nos. 7036/08, 7617/08, 9970/08)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to CPL 460.30 for an extension of time to take appeals from two judgments of the Supreme Court, Kings County, both rendered April 17, 2009, under Indictment Nos. 7036/08 and 7617/08, and, in effect, to amend a decision and order on motion of this court dated September 21, 2009, assigning counsel on an appeal from a judgment of the same court rendered April 17, 2009, under Indictment No. 9970/08, to reflect that the appellant also appeals from the two judgments under Indictment Nos. 7036/08 and 7617/08.

Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the appellant's moving papers are deemed to constitute a timely notice of appeal from the two judgments under Indictment Nos. 7036/08 and 7617/08; and it is further,

ORDERED that the decision and order on motion dated September 21, 2009, which granted the appellant's motion for leave to prosecute the appeal from the judgment under Indictment No. 9970/08, as a poor person and for the assignment of counsel is amended to reflect that the appellant also appeals from the two judgments under Indictment Nos. 7036/08 and 7617/08; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the Clerk of the court from which the appeals are taken.

RIVERA, J.P., SANTUCCI, ENG and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

Appellant's address:

09 A 2409

Downstate Corr. Fac.

Box F, Red Schoolhouse Rd.

Fishkill, New York 12524-0445