People v Docket No. 2010NY017634 Benjamin Rogers

Motion No: M-609

Slip Opinion No: 2018 NYSlipOp 71222(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, New York County

v

Docket No. 2010NY017634

Benjamin Rogers,

Defendant-Appellant.

Defendant having moved, via assigned 18-B counsel, for an order granting defendant permission to appeal to this Court as a poor person from the judgment entered under New York County Docket No. 2010NY017634/New York County Clerk No. 570601/11, rendered on or about May 11, 2011; assigning Paul Angioletti, Esq., a member of the 18-B Panel, as counsel on that appeal, transferring said appeal from the Appellate Term, First Department, to this Court, and allowing the continuance of poor person relief with respect to the aforesaid appeal, and for related 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 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. Paul J. Angioletti, Esq., 38 Forest Road, Staten Island, NY 10304, Telephone No. (718) 351-5244, 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. David Friedman, Justice Presiding, John W. Sweeny, Jr. Ellen Gesmer Cynthia S. Kern Anil C. Singh, Justices

M-609

Index No. 570601/11