People v Joseph Ponte Commissioner New York

Motion No: M-5077

Slip Opinion No: 2017 NYSlipOp 62921(U)

Decided on January 19, 2017

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.

January 19, 2017

The People of the State of New York

ex rel. Michelle Fox, Esq., on

behalf of Samy Martinez-Jacques, Petitioner-Appellant, Index No. 451658/16 SCID #30170/16

v

Joseph Ponte, Commissioner, New York

City Department of Corrections,

Respondent-Respondent.

Petitioner-appellant having moved to approve a bail bond issued by A.B.C. Bail Bonds pending determination of a habeas corpus appeal, for leave to prosecute, as a poor person, the appeal taken from an order of the Supreme Court, New York County, entered on or about September 8, 2016, which dismissed his application for a writ of habeas corpus, for leave to have the appeal heard upon the original record and a reproduced appellant's brief, and for assignment of counsel, and for an expedited appeal, 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 to the extent it seeks approval of a bail bond, is denied. So much of the motion

which seeks poor person relief and the assignment of counsel

is granted to the extent of permitting the appeal to be heard

on the original record and upon a reproduced appellant's brief, on condition that petitioner-appellant serves one copy of such brief upon the Attorney General of the State of New York and files 8 copies of such brief, together with the original record, pursuant to Rule 600.11 of the Rules of this Court. Seymour W. James, Jr., Esq., Legal Aid Society, 199 Water Street, 5th Floor, New York, New York 10004, Telephone No. 212-577-3688, is assigned as counsel for petitioner-appellant for purposes of the appeal. ENTERED: January 19, 2017

_____________________ CLERK

Present: Hon. David Friedman, Justice Presiding, Rolando T. Acosta Angela M. Mazzarelli Richard T. Andrias Karla Moskowitz, Justices

M-5077

Ind. No. 2580/16