People v Jonlabarro Seay also known as

Motion No: M-1026

Slip Opinion No: 2018 NYSlipOp 69272(U)

Decided on April 10, 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.

April 10, 2018

The People of the State of New York,

Respondent,

v

Jonlabarro Seay, also known as

Jonlabarron Seay,

Defendant-Appellant.

An appeal having been taken to this Court from the

judgment of the Supreme Court, New York County, rendered on

or about June 15, 2010, And defendant having moved for leave to prosecute the aforesaid appeal as a poor person, for leave to have the appeal heard upon the original record and a reproduced appellant's brief, and for related relief (M-977), And the People having moved for dismissal of the aforesaid appeal (M-1026), Now, upon reading and filing the papers with respect to the motions, 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 serves one copy of such brief upon the District Attorney of said county and files 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. Christina Swarns, Esq., Office of the Appellate Defender, 11 Park Place, Room 1601, New York, New York 10007, Telephone No. 212-402-4112, is assigned as counsel for defendant-appellant for purposes of the appeal. The time within which appellant shall perfect this appeal is hereby enlarged until 120 days from the date of filing of the record (M-977). The People's motion to dismiss the appeal is denied

(M-1026). ENTERED: April 10, 2018

_____________________ CLERK

Present - Hon. Dianne T. Renwick, Justice Presiding, Sallie Manzanet-Daniels Marcy L. Kahn Cynthia S. Kern Anil C. Singh, Justices

M-1026

M-977

Ind. No. 1501/09