People v the State of New York

Motion No: M-5508

Slip Opinion No: 2018 NYSlipOp 63494(U)

Decided on February 8, 2018

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.

February 8, 2018

The People of the State of New York

ex rel. Julio Arce,

Petitioner-Appellant,

v

Index No. 100515/17

The State of New York, NYSID# 30097/17

Respondent-Respondent.

Petitioner-appellant having moved for leave to prosecute, as a poor person, the purported appeal taken from an order of

the Supreme Court, New York County, entered on or about June 16, 2017, which denied petitioner's application for a writ of habeas corpus, for leave to have the appeal heard upon the original record and a reproduced appellant's brief, for leave to file a late notice of appeal, 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 granted solely to the extent of granting petitioner leave to appeal on the original record and upon a reproduced appellant's brief, on condition

that appellant serves one copy of such brief upon the Attorney General of the State of New York and files 8 copies of such brief, together with the original record, pursuant to Rule 600.11 of the Rules of this Court. The motion, to the extent it seeks leave to file a late notice of appeal is granted to the extent of deeming the notice of appeal timely filed. So much of the motion which seeks the assignment of counsel is denied as unnecessary. ENTERED: February 8, 2018

_____________________ CLERK

Present: Hon. Dianne T. Renwick, Justice Presiding, Judith J. Gische Peter Tom Jeffrey K. Oing Anil C. Singh, Justices

M-5508

Ind. No. 3061/91