People v Lorenzo Martinez

Motion No: M-929

Slip Opinion No: 2017 NYSlipOp 75179(U)

Decided on May 30, 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 30, 2017

The People of the State of New York,

Respondent,

v

Lorenzo Martinez,

Defendant-Appellant.

Defendant having moved for leave to prosecute, as a poor person, the appeal from an order of the Supreme Court, New York County, entered on or about December 30, 2015, for leave to have the appeal heard 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 appeal by notice dated January 14, 2016, an appeal from only that part of the order of the Supreme Court, New York County, entered on or about February 1, 2016, which is appealable as of right, and permitting said 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 transcripts to appellant's counsel, without charge, the transcripts to be returned to this Court when appellant's brief is filed. Seymour W. James, Jr., Esq., 199 Water Street, 5th Floor, New York, New York 10038, Telephone No. 212-577-3688, 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. The motion is otherwise denied. ENTERED: May 30, 2017

_____________________ CLERK

PRESENT: Hon. Peter Tom, Justice Presiding, Angela M. Mazzarelli Sallie Manzanet-Daniels Troy K. Webber, Justices

M-929

Ind. No. 12131/91