People v Emmanuel B. .

Motion No: M-1220

Slip Opinion No: 2017 NYSlipOp 70554(U)

Decided on April 13, 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.

April 13, 2017

The People of the State of New York,

Respondent,

SEALED

v

Emmanuel B.,

Defendant-Appellant.

Defendant having moved for an enlargement of time in which to file a notice of appeal from a judgment of resentence of the Supreme Court, New York County (Padro, J.), rendered on or about April 1, 2016, for leave to prosecute the appeal as a poor person upon the original record and a reproduced appellant's brief, and for 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 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 8 files copies of such brief, together with the original record, pursuant to Rule 600.11(b)(2) of the Rules of this Court. The Clerk of the Supreme Court shall expeditiously have

made and file with the criminal court (CPL 460.70) one transcript of the stenographic minutes of the SORA hearing and any other proceedings before Justice Padro as yet not transcribed. 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, Room 1601, New York, New York 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: April 13, 2017

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta, Justice Presiding, Rosalyn H. Richter Richard T. Andrias Marcy L. Kahn Ellen Gesmer, Justices

M-1220

Ind. No. 726/13