People v Ind No. 12/14 Erik White

Motion No: M-5403

Slip Opinion No: 2019 NYSlipOp 61692(U)

Decided on January 29, 2019

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.

January 29, 2019

The People of the State of New York,

Respondent,

v

Ind No. 12/14

Erik White,

Defendant-Appellant.

An order of this Court having been entered on April 14, 2016 (M-1435), inter alia, granting defendant'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 December 4, 2015, and assigning the Richard M. Greenberg, Esq., predecessor counsel to Christina Swarns, Office of the Appellate Defender, as counsel therefor, And defendant-appellant having moved for an order amending the aforementioned order to include an appeal from a judgment of resentence of the same court rendered on or about September 19, 2018,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

amending the aforementioned order of assignment (M-1435), to include the judgment of resentence under Indictment No. 12/14, and extending the poor person relief previously granted to cover same. Christina Swarns, Esq., successor counsel to Richard M. Greenberg, Esq., Office of the Appellate Defender, 11 Park Place, Room 1601, New York, New York 10007, Telephone No. 212-402-4100, is assigned as counsel for defendant-appellant for purposes of the appeal.ENTERED: January 29, 2019

_____________________ DEPUTY CLERK

Present - Hon. Dianne T. Renwick,Justice Presiding, Sallie Manzanet-Daniels Peter Tom Angela M. Mazzarelli Troy K. Webber,Justices

M-5403