People v Samuel Barreto .

Motion No: M-1814

Slip Opinion No: 2017 NYSlipOp 73371(U)

Decided on May 11, 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.

May 11, 2017

The People of the State of New York,

Respondent,

v

Samuel Barreto,

Defendant-Appellant.

An order of this Court having been entered on March 16, 2017 (M-756), inter alia, granting defendant's motion for leave to prosecute, as a poor person, the appeal from a judgment of the Supreme Court, New York County, rendered on or about June 22, 2016, and assigning counsel therefor, And defendant-appellant having moved for an order amending the notice of appeal and the aforementioned order to include the appeal from a judgment of resentence of said Court, rendered on or about December 13, 2016, to deem the notice of appeal from the judgment of resentence timely filed, and for an enlargement of time to perfect the appeal, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that said motion is granted to the extent of amending the notice of appeal and order of assignment, entered on March 16, 2017 (M-756), to include the judgment of resentence of said Court, rendered on or about December 13, 2016, deeming the notice of appeal from the judgment of resentence as timely filed, extending the poor person relief previously granted to cover

same, and enlarging defendant-appellant's time to perfect the appeal to the October 2017 Term.ENTERED: May 11, 2017

_____________________ CLERK

Present - Hon. David Friedman, Justice Presiding, Karla Moskowitz Sallie Manzanet-Daniels Barbara R. Kapnick Troy K. Webber, Justices

M-1814

Ind. No. 4315/15