PRESENT: SCUDDER, P.J.,CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.

KA 11-01114
Indictment No: 2009-0124

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V NOAH SCHAPIRO, DEFENDANT-APPELLANT.

Defendant having moved pursuant to CPL 460.10(6) to deem as valid the notice of appeal filed and served on March 23, 2010 from the judgment of conviction rendered March 22, 2010 under indictment 2009-0124,

Now, upon reading and filing the affidavit of Kristin M. Preve sworn to May 26, 2011, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and the notice of appeal filed and served on March 23, 2010, is deemed valid with respect to the judgment rendered March 22, 2010 under indictment number 2009-0124 pursuant to CPL 460.10(6), and

It is further ORDERED the appeal herein may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c)(1) and ten copies of the appellant's brief, reproduced in accordance with 22 NYCRR 1000.4 (f), and

DAVID C. SCHOPP, ESQ.

LEGAL AID BUREAU OF BUFFALO

237 MAIN STREET, SUITE 1602

BUFFALO, NY 14203-2723

is hereby assigned nunc pro tunc as counsel to conduct the appeal, and

It is further ORDERED that said record and briefs are to be filed and served on or before July 22, 2011, and

It is further ORDERED that the appeal is consolidated with the appeal taken under Docket number KA 10-00723.

Entered: June 22, 2011

Patricia L. Morgan, Clerk