People v Dockery, Alexander

Motion No: M-5163

Slip Opinion No: 2011 NY Slip Op 93263(U)

Decided on December 20, 2011

Appellate Division, First 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.

December 20, 2011

People v Dockery, Alexander, also known as Harris, John

An order of this Court having been entered on December 30, 2008 (M-5358/M-5467), denying defendant-appellant�s motion for leave to prosecute, as a poor person, the appeal from the judgment of the Supreme Court, New York County, rendered on or about February 28, 1986, and granting respondent�s cross motion to dismiss the said appeal,

And defendant, by Robert S. Dean, Center for Appellate Litigation (Barbara Zolot, of counsel), having moved for reinstatement of the aforesaid appeal, and for related relief,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is ordered that the motion is granted to the extent of reinstating the appeal, and permitting the appeal to be heard on the original record, except that a certified copy of the indictment(s) shall be substituted in place of the original indictment(s), and upon a reproduced appellant's brief, on condition that appellant serves one copy of such brief upon the District Attorney of said county and files copies of such brief, together with the original record, pursuant to Rule 600.11 of the Rules of this Court, without prejudice to a subsequent motion by the People to dismiss the appeal, if so advised.

The court reporter shall promptly make and file with the criminal court (CPL �460.70) two transcripts of the stenographic minutes of any proceedings pursuant to CPL �210.20, Arts. 710 and 730, of the plea or trial and sentence. The Clerk shall furnish a copy of such transcripts to appellant's counsel, without charge, the transcripts to be returned to this Court when appellant's brief is filed.

Robert S. Dean, Esq., Center for Appellate Litigation, 74 Trinity Place, 11th Floor, New York, New York 10006, Telephone No. 212-577-2523, is assigned as counsel for defendant-appellant for purposes of the appeal. The time within which appellant shall perfect this appeal is hereby enlarged until 120 days from the date of filing of the record.

Before: Gonzalez, P.J., Mazzarelli, Andrias, Sweeny, Román, JJ.

Motion No. M-5163