People v Vincent Dominguez

Motion No: M-6507

Slip Opinion No: 2017 NYSlipOp 67543(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

Vincent Dominguez,

Defendant-Appellant.

Defendant having moved for an enlargement of time to file a notice of appeal from a judgment of resentence of the Supreme Court, New York County, rendered on or about November 18, 2015, and for leave to have the appeal heard upon the original record and 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 moving papers a timely filed notice of appeal, 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 resentence. 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. Rosemary Herbert, Esq., Office of the Appellate Defender,

11 Park Place, Suite 1601, New York, NY 10007, Telephone No. (212) 402-4142, 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. Angela M. Mazzarelli, Justice Presiding, Sallie Manzanet-Daniels Paul G. Feinman Troy K. Webber Ellen Gesmer, Justices

M-6507

Ind. No. 2270/10