People v Index No. 453091/17 Cynthia Brann Commissioner New YorkCity Department of Corrections or

Motion No: M-6641

Slip Opinion No: 2018 NYSlipOp 64753(U)

Decided on February 22, 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 22, 2018

The People of the State of New York

ex rel. Anthony Farley, Esq., on behalf

of Tracie Martin,

Petitioner-Appellant,

v

Index No. 453091/17

Cynthia Brann, Commissioner, New YorkCity Department of Corrections, or

Anyone Having Custody of Petitioner,

Respondents-Respondents.

Petitioner-appellant having moved for bail reduction pending appeal, and for leave to prosecute, as a poor person, the appeal from an order of the Supreme Court, New York County, entered on or about November 27, 2017, which partially granted petitioner's writ of habeas corpus, 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 granted to the extent of continuing the relief granted by a single Justice of this Court (i.e., reduced bail pending appeal of $4,500, partially secured bond, or $2,000 cash) and it is directed that the appeal be heard 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. Pursuant to Section 35 of the Judiciary Law, 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 appellant for purposes of the appeal. Counsel is directed to perfect the appeal in accordance with Rule 600.18 of this Court, and it is further, Ordered that the aforesaid interim relief is also conditioned upon the appeal being perfected on or before

March 19, 2018 for the June 2018 Term. ENTERED: February 22, 2018

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, Judith J. Gische Angela M. Mazzarelli Cynthia S. Kern Anil C. Singh,Justices

M-6641

Ind. No. 3581/17