| People of State of New York v Johnny Nunez |
| Motion No: 2015-01641 QCR |
| Slip Opinion No: 2015 NY Slip Op 84947(U) |
| Decided on September 4, 2015 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
DAVID ELLIOT, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Plaintiff, v Johnny Nunez, Defendant. |
Motion by defendant, pursuant to CPL 460.30, for an extension of time to take an appeal from a resentence of the Criminal Court of the City of New York, Queens County, imposed March 11, 2015, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is
ORDERED that the branch of the motion seeking an extension of time to take an appeal is granted and defendant's moving papers are deemed to constitute a timely notice of appeal; and it is further,
ORDERED that the branches of the motion seeking leave to prosecute the appeal as a poor person and the assignment of counsel are granted and Appellate Advocates is assigned as counsel; and it is further,
ORDERED, on the court's own motion, that the appeal shall be perfected expeditiously; and it is further,
ORDERED that the court stenographer, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to the attorney who is now assigned as counsel to prosecute the appeal; and it is further,
ORDERED that assigned counsel shall serve a copy of the transcript, if any, upon the District Attorney, same to be returned upon argument or submission of the appeal. The clerk is further directed to file the second copy of the transcript, if any, with the record, which shall then be filed with this court; and it is further,
ORDERED that upon service of a copy of this decision and order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the presentence report, if any, prepared in connection with appellant's sentencing, including the recommendation sheet and any prior reports on appellant which are incorporated or referred to in the report; and it is further,
ORDERED, on the court's own motion, that the appeal from the resentence (appeal No. 2015-1641 Q CR) is consolidated with the appeal from the judgment of conviction (appeal No. 2014-2899 Q CR) under appeal No. 2014-2899 Q CR; and it is further,
ORDERED, on the court's own motion, that so much of the consolidated appeal as is from the portion of the judgment of conviction that imposed sentence is dismissed, as that portion of the judgment of conviction was superseded by the resentence.
ENTER:
Paul Kenny
Chief Clerk