Appellate Division: Second Judicial Department

M259220

E/sl

JOHN M. LEVENTHAL, J.P.

SHERI S. ROMAN

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2018-01439, 2019-00743 The People, etc., respondent, v Brian Tindley, appellant. (Ind. No. 2105/16, S.C.I. No. 2139/17)

DECISION & ORDER ON MOTION

Motion by the appellant to deem a notice of an appeal from a judgment of the Supreme Court, Queens County, rendered October 5, 2017, under Indictment No. 2105/16 to reflect that the appeal is also from a judgment of the same court also rendered October 5, 2017, under Superior Court Information No. 2139/17, and for poor person relief and the assignment of counsel with respect to the appeal from the judgment rendered October 5, 2017, under Superior Court Information No. 2139/17. By decision and order on motion of this Court dated March 28, 2018, the appellant was granted poor person relief with respect to the judgment rendered October 5, 2017, under Indictment No. 2105/16 and the following named attorney was assigned as counsel to prosecute that appeal:

Paul Skip Laisure

Appellate Advocates

111 John Street - 9th Floor

New York, New York 10038

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is granted, the notice of appeal is deemed amended to reflect that the appeal is also from the judgment rendered October 5, 2017, under Superior Court Information No. 2139/17, and the decision and order on motion of this Court dated March 28, 2018, is amended to reflect that poor person relief and the assignment of counsel are also granted with respect to the judgment rendered October 5, 2017, under Superior Court Information No. 2139/17; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeals are taken.

LEVENTHAL, J.P., ROMAN, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court