People v Warden Caputo G.R.v.C.

Motion No: M-4012

Slip Opinion No: 2017 NYSlipOp 89494(U)

Decided on October 19, 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.

October 19, 2017

The People of the State of New York

ex rel. Rahsaan Johnson,

Petitioner-Appellant,

v

Warden Caputo, G.R.V.C.,

Respondent-Respondent.

Petitioner-appellant having moved for leave to prosecute, as a poor person, the appeal taken from an order of the Supreme Court, Bronx County, entered on or about May 11, 2017, which dismissed a habeas corpus proceeding, for leave to have the appeal heard upon the original record and a reproduced appellant's brief, and for the 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 said motion is denied without prejudice to petitioner addressing the issue on the direct appeal from the judgment of the Supreme Court, Bronx County, rendered on or about August 15, 2017. ENTERED: October 19, 2017

_____________________ CLERK

Present: Hon. Richard T. Andrias,Justice Presiding, Judith J. Gische Cynthia S. Kern Jeffrey K. Oing Anil C. Singh, Justices

M-4012

Ind. No. 2688/08