People v Done Aquavivas Cruz also known as 580/13 Cruz D. Aguavivas

Motion No: M-2258

Slip Opinion No: 2018 NYSlipOp 78622(U)

Decided on July 26, 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.

July 26, 2018

The People of the State of New York,

Respondent,

v

Done Aquavivas Cruz, also known as, 580/13

Cruz D. Aguavivas,

Defendant-Appellant.

An order of this Court having been entered on June 1, 2017 (M-2494), inter alia, granting defendant-appellant's motion for leave to prosecute, as a poor person, the appeal from a judgment of the Supreme Court, New York County, rendered on or about September 27, 2016, under Indictment No. 580/13, and assigning counsel therefor, And an order of this Court having been entered on

March 10, 2011 (M-188) denying, with leave to renew, defendant-appellant's motion for leave to prosecute, as a poor person the appeal taken from a judgment of the Supreme Court, New York County, rendered on or about July 23, 2010, under Indictment No. 2605N/09, And defendant-appellant having renewed his motion for poor person relief under Indictment No. 2605N/09, and for an order amending the aforementioned order of assignment under Indictment No. 580/13 to include Indictment No. 2605N/09, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that said motion is granted to the extent

of amending the aforementioned order of assignment to include Indictment No. 2605N/09, and extending the poor person relief previously granted under Indictment No. 580/13 to cover same. ENTERED: July 26, 2018

_____________________ CLERK

Present - Hon. Dianne T. Renwick, Justice Presiding, Judith J. Gische Barbara R. Kapnick Ellen Gesmer Cynthia S. Kern, Justices

M-2258

Ind. Nos. 2605N/09