| People of State of New York v Pedro Baltazar |
| Motion No: 2018-01401 QCR |
| Slip Opinion No: 2019 NY Slip Op 62114(U) |
| Decided on January 25, 2019 |
| Appellate Term, Second 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. |
of the State of New York for the 2nd, 11th & 13th Judicial Districts
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
THOMAS P. ALIOTTA, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Pedro Baltazar, Appellant. |
Motion by appellant to vacate the dismissal on an appeal from re-sentencing with respect to a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered May 17, 2018; to amend a decision & order on motion of this court dated March 7, 2018 which, among other things, granted appellant leave to prosecute the appeal as a poor person and assigned counsel on the appeal under docket number 2018-141 Q CR, to include poor person relief and assignment of counsel with respect to the appeal from re-sentencing; and to consolidate the two appeals.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion to vacate dismissal is granted and the court's October 22, 2018 order is hereby vacated, and it is further
ORDERED that so much of the decision & order on motion dated March 7, 2018 as granted appellant leave to prosecute the appeal as a poor person and assigned counsel is deemed amended to reflect that poor person relief and assignment of counsel are also granted with respect to the appeal from re-sentencing (docket number 2018-1401 Q CR), and it is further
ORDERED that the motion to consolidate is granted to the extent that the appeals may be perfected with a single brief bearing both of the appeal numbers and that there shall be oral argument, if requested, on both appeals at the same time.
ENTER:
Paul Kenny
Chief Clerk