Appellate Division: Second Judicial Department

M244659

E/afa

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2016-08576 The People, etc., respondent, v Eric Dancy, appellant. (Ind. Nos. 4311/13A, 4311/13B)

DECISION & ORDER ON MOTION

Motion by the appellant to deem a decision and order on motion of this Court dated October 6, 2016, which granted the appellant's motion pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Kings County, rendered October 9, 2015, under Indictment No. 4311/13, subsequently designated as Indictment No. 4311/13A, to also grant relief with respect to an appeal from a judgment of the same court also rendered October 9, 2015, under Indictment No. 4737/13, subsequently designated as Indictment No. 4311/13B, and to deem a decision and order on motion of this Court dated December 5, 2016, which granted poor person relief and the assignment of counsel with respect to the appeal from the judgment under Indictment No. 4311/13, subsequently designated as Indictment No. 4311/13A, to also grant poor person relief and the assignment of counsel with respect to the appeal from the judgment under Indictment No. 4737/13, subsequently designated as Indictment No. 4311/13B.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted and the decisions and orders on motion of this Court dated October 6, 2016, and December 5, 2016, are deemed to reflect that leave to file a late notice of appeal, poor person relief, and the assignment of counsel are also granted with respect to the appeal from the judgment under Indictment No. 4737/13, subsequently designated as Indictment No. 4311/13B.

BALKIN, J.P., AUSTIN, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court