People v Elvio Feola .

Motion No: M-6334

Slip Opinion No: 2017 NYSlipOp 67804(U)

Decided on March 21, 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 21, 2017

The People of the State of New York,

Respondent,

v

Elvio Feola,

Defendant-Appellant.

An appeal having been taken from the judgment of the Supreme Court, Bronx County, rendered on or about November 22, 2013, And an order of this Court entered on January 29, 2015 (M-4983), granting defendant leave to prosecute the appeal as a poor person, And assigned counsel having moved for an order granting appellant permission to re-create a defense exhibit for inclusion in the record on appeal and permission to include in the record on appeal the DNA reports introduced at trial, and other 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 without prejudice to the People to renew their objection to the recreated defense exhibit, if so advised, after review. ENTERED: March 21, 2017 _______________________ CLERK

PRESENT - Hon: Rolando T. Acosta,Justice Presiding, Karla Moskowitz Paul G. Feinman Ellen Gesmer, Justices

M-6334

Ind. No. 2669/11