People v Elvin Carbonell Case No. 48801C/09 .

Motion No: M-5045A

Slip Opinion No: 2017 NYSlipOp 65557(U)

Decided on February 28, 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.

February 28, 2017

The People of the State of New York,

Respondent,

v

Elvin Carbonell, Case No. 48801C/09

Defendant-Appellant.

Appeals having been taken from the judgment of the Supreme Court, Bronx County, rendered on or about June 4, 2013 and from a judgment of said Court, rendered on or about January 31, 2013, and from judgments of resentence, rendered on June 4, 2013 and

on or about May 1, 2014, respectively, And an order of this Court entered April 21, 2015 (M-4643) deeming the moving papers a timely filed notice of appeal from the judgment of resentence rendered on or about May 1, 2014, and granting poor person relief and the assignment of counsel on the aforesaid appeals from the judgments of resentence rendered on

or about June 4, 2013 and May 1, 2014, respectively; so much of the motion which sought an extension of time to file a notice of appeal from the judgment rendered on or about January 31, 2013 was denied as time barred pursuant to CPL 460.30, And defendant-appellant having moved for an order amending the aforesaid order of this Court to reflect that a notice of appeal was timely filed from the June 4, 2013 judgments and that counsel is assigned to appeal from those judgments; deeming the June 18, 2013 notice of appeal to include an appeal from the January 31, 2013 judgment and amending the April 21, 2015 order of assignment (M-4643) to include an appeal from that January 31, 2013 judgment, and 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. The poor person relief granted by M-4643 (April 21, 2015) is extended to cover the appeal from the judgment entered January 31, 2013. The court reporter shall promptly make and file with the criminal court (CPL §460.70) one transcript of the stenographic minutes of any proceedings pursuant to CPL §210.20, Arts. 710

and 730, and 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. ENTERED: February 28, 2017 ______________________CLERK

PRESENT - Hon: Rolando T. Acosta, Justice Presiding, Rosalyn H. Richter David B. Saxe Judith J. Gische,Justices

M-5045A

Ind. No. 2817/09