People v Tymel Ware

Motion No: M-1511

Slip Opinion No: 2018 NYSlipOp 71204(U)

Decided on May 3, 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.

May 3, 2018

The People of the State of New York,

Respondent,

v

Tymel Ware,

Defendant-Appellant.

An order of the Supreme Court, Bronx County, having been entered on or about November 3, 2017, inter alia, granting defendant poor person relief with respect to the appeal taken from the judgment of the Supreme Court, Bronx County, rendered on or about November 3, 2017, Now, upon reading and filing the order which granted defendant poor person relief on appeal, and which directed

trial counsel to file a notice of appeal on defendant's behalf, It is ordered that the appeal is permitted 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. 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 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.ENTERED: May 3, 2018

_____________________ CLERK

Present: Hon. Rolando T. Acosta, Presiding Justice, David Friedman John W. Sweeny, Jr. Dianne T. Renwick Rosalyn H. Richter, Justices

M-1511

Ind. No. 333/16