People v Bobby Johnson .

Motion No: M-1376

Slip Opinion No: 2018 NYSlipOp 71211(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

Bobby Johnson,

Defendant-Appellant.

Defendant having moved for an enlargement of time to file an untimely notice of appeal, pursuant to CPL 460.30, from the judgment of the Supreme Court, Bronx County, rendered on or about June 16, 2016, or, in the alternative, for a writ of error coram nobis on the ground he was denied effective assistance of counsel by reason of trial counsel's failure to file a timely notice of appeal, Now, upon reading and filing the papers with respect to the motion, and the response from the People dated March 26, 2018, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of deeming the moving papers a timely filed notice of appeal, pursuant to CPL 460.30 and People v Syville, 15 NY3d 391 [2010], and pursuant to Section 722 of the County Law, Robert S. Dean, Esq., Center for Appellate Litigation, 120 Wall Street, 28th Floor, New York, New York 10005, Telephone No. 212-577-2523, 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. Peter Tom, Justices

M-1376

Ind. No. 501/14