People v Danny Green

Motion No: M-1646

Slip Opinion No: 2018 NYSlipOp 74741(U)

Decided on June 12, 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.

June 12, 2018

The People of the State of New York,

Respondent,

v

Danny Green,

Defendant-Appellant.

An order of a Justice of this Court having been entered

on March 6, 2018 (M-591), granting defendant leave to appeal to this Court from the order of the Supreme Court, New York County, entered on or about January 9, 2018, which partially denied defendant's CPL 440 motion, And defendant having taken an appeal from a judgment of resentence of the Supreme Court, New York County, rendered on

or about January 8, 2018, And defendant having moved to consolidate the two aforesaid appeals and to extend the poor person relief granted to defendant by order of this Court, entered on March 27, 2018 (M-199), to prosecute the appeal from the January 9, 2018 of the Supreme Court to cover the appeal from the January 8, 2018 judgment of resentence and to assign Robert S. Dean, Esq., Center for Appellate Litigation, as counsel to prosecute both appeals, 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 continuing the poor person relief previously granted by the order of this Court entered on March 27, 2018 (M-199); consolidating the aforesaid appeals, and assigning Robert S. Dean, Esq., Center

for Appellate Litigation, 120 Wall Street, 28th Floor, New York, New York 10005, Telephone No. 212-577-2523, as counsel for the purposes of prosecuting the consolidated appeals. ENTERED: June 12, 2018

_____________________ CLERK

Present: Hon. John W. Sweeny, Jr., Justice Presiding, Dianne T. Renwick Angela M. Mazzarelli Ellen Gesmer Anil C. Singh, Justices

M-1646

Index No. 8131/97