People v Kelvin Busgith

Motion No: M-5341

Slip Opinion No: 2018 NYSlipOp 64115(U)

Decided on February 15, 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 15, 2018

The People of the State of New York,

Respondent,

v

Kelvin Busgith,

Defendant-Appellant.

Defendant having moved, through retained counsel, for limited poor person relief to prosecute the appeal from a judgment of the Supreme Court, Bronx County, rendered on or

about March 3, 2017, for leave to have the appeal heard on

the original record and upon a reproduced appellant's brief,

and for other 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 permitting the 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 serve one copy of such brief upon the District Attorney of said county and file 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. Defendant-appellant's time in which to perfect the appeal

is enlarged until 120 days from the date of filing of the record. ENTERED: February 15, 2018

_____________________ CLERK

Present - Hon. Rosalyn H. Richter, Justice Presiding, Sallie Manzanet-Daniels Marcy L. Kahn Cynthia S. Kern, Justices

M-5341

Ind. No. 1434/14