People v Hugo Rodriguez .

Motion No: M-422

Slip Opinion No: 2017 NYSlipOp 67506(U)

Decided on March 16, 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 16, 2017

The People of the State of New York,

Respondent,

v

Hugo Rodriguez,

Defendant-Appellant.

Defendant having moved for an enlargement of time in which to file a notice of appeal taken from the judgment of the Supreme Court, New York County, rendered on or about August 5, 2016,

and for leave to prosecute the appeal as a poor person on the original record and upon a reproduced appellant's brief, and for assignment of counsel, 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 deeming the notice of appeal timely filed, and permitting

the appeal to be heard on the original record, except that a certified copy of the indictment(s) shall be substituted in place of the original indictment(s), and upon a reproduced appellant's brief, on condition that appellant serves one copy of such brief upon the District Attorney of said county and files 8 copies of such brief, together with the original record, pursuant to Rule 600.11 of the Rules of this Court. 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 transcript to appellant's counsel, without charge, the transcript to be returned to this Court when appellant's brief is filed. Rosemary Herbert, Esq., Office of the Appellate Defender,

11 Park Place, Room 1601, New York, NY 10007, Telephone No. (212)

402-4100, is assigned as counsel for defendant-appellant for purposes of the appeal. The time within which appellant shall perfect this appeal is hereby enlarged until 120 days from the date of filing of the record. ENTERED: March 16, 2017 _____________________ CLERK

Present: Hon. Peter Tom, Justice Presiding, Rolando T. Acosta Rosalyn H. Richter Sallie Manzanet-Daniels Marcy L. Kahn, Justices

M-422

Ind. No. 821/15