PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

KA 15-00653
Indictment No: 2013-190
KA 15-01069
Index No.: 2015-0344
Indictment No: 2013-190
KA 15-01012
Index No.: 2015-0402
Indictment No: 2013-190

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V TALIB ALSAIFULLAH, DEFENDANT-APPELLANT. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V TALIB ALSAIFULLAH, DEFENDANT-APPELLANT. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V TALIB ALSAIFULLAH, DEFENDANT-APPELLANT.

Defendant having moved to consolidate the appeals taken from a judgment of the Cayuga County Court, rendered February 24, 2015 with the appeals taken from the order of Cayuga County Court entered May 5, 2015 which denied defendant's request for forensic DNA testing of evidence pursuant to CPL 440.30 (1-a) and the order of Cayuga County Court entered May 20, 2015, and for other relief,

Now, upon reading and filing the statement of Talib Alsaifullah dated December 29, 2015, and the affidavit of Talib Alsaifullah sworn to December 28, 2015, the notices of motion with proof of service thereof, the affidavit of Brian T. Leeds, Esq. sworn to January 28, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the pro se notice of appeal dated December 28, 2015 filed at the Cayuga County Clerk's Office on January 13, 2016 is deemed timely filed pursuant to CPL 460.30, and

It is further ORDERED that the motion seeking consolidation relief is denied without prejudice, and

It is further ORDERED that the motion seeking to expedite said appeals is dismissed as premature.

Entered: March 1, 2016

Frances E. Cafarell, Clerk