People v Walde Vizcaino

Motion No: M-3289

Slip Opinion No: 2018 NYSlipOp 84300(U)

Decided on September 25, 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.

September 25, 2018

The People of the State of New York,

Respondent,

v

Walde Vizcaino,

Defendant-Appellant.

An order of a Justice of this Court having been entered on June 28, 2018 (M-2536), granting defendant-appellant leave to appeal to this Court from the order of the Supreme Court, New York County, entered on or about May 3, 2018, which denied defendant-appellant's motion to vacate, pursuant to CPL § 440.10, the judgment of the Supreme Court, New York County rendered on or about October 15, 2013, And defendant-appellant having moved for poor person relief and assigning the Center for Appellate Litigation as counsel to persecute the appeal from said order, 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 denied as unnecessary, the order of this Court, entered June 28, 2018, having previously consolidated the appeal from the order with the appeal from the judgment, and extending the poor person relief to cover same, ENTERED: September 25, 2018

_____________________ CLERK

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

M-3289

Ind. No. 4177/11