People v Case No. 38876C/12 Ind. Nos. 1043/15 Frank Miller 359/15

Motion No: M-6176

Slip Opinion No: 2017 NYSlipOp 66036(U)

Decided on March 2, 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.

March 2, 2017

The People of the State of New York,

Respondent,

v

Case No. 38876C/12 Ind. Nos. 1043/15

Frank Miller, 359/15

991/14 Defendant-Appellant.

An order of this Court having been entered on

November 1, 2016 (M-4067), inter alia, granting defendant's motion for leave to prosecute, as a poor person, the appeal from the judgment of the Supreme Court, Bronx County, rendered on or about November 19, 2015, as amended by a judgment of resentence, rendered on or about March 31, 2016, under Indictment Nos. 2342/12, 38876C/12, 1043/15, and 359/15, and assigning counsel therefor, And, defendant-appellant having moved for an order amending the notice of appeal and the aforementioned order

of assignment to include Indictment No. 991/14, 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 amending defendant's notice of appeal and the aforementioned

order of assignment of this Court entered November 1, 2016

(M-4067),to include Indictment No. 991/14, and extending the poor person relief previously granted to cover same. ENTERED: March 2, 2017

_____________________ CLERK

PRESENT: Hon: John W. Sweeny, Jr., Justice Presiding,Rosalyn H. Richter Angela M. Mazzarelli Karla Moskowitz Sallie Manzanet-Daniels, Justices

M-6176

Ind. No. 2342/12