People v Terrell Dupree .

Motion No: M-1534

Slip Opinion No: 2019 NYSlipOp 71465(U)

Decided on May 30, 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.

May 30, 2019

The People of the State of New York,

Respondent,

v

Terrell Dupree,

Defendant-Appellant.

An order of this Court having been entered on

January 22, 2019 (M-5940), inter alia granting defendant'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 February 16, 2018, under Indictment No. 112/17, and assigning Janet E. Sabel, Esq., The Legal Aid Society, as counsel therefor, And defendant having moved for an enlargement of time in which to file a late notice of appeal from a judgment of resentence of the Supreme Court, New York County, rendered on or about November 20, 2018, and to amend the order of assignment of this Court (M-5940), entered January 22, 2019, to include the judgment of resentence, 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 that the moving papers are deemed a timely filed notice of appeal from the judgment of resentence. The motion is otherwise denied as unnecessary (see order [M-414] entered April 9, 2019, amending the order of assignment entered January 22, 2019, to include the judgment of resentence rendered November 20, 2018). ENTERED: May 30, 2019

_____________________ CLERK

PRESENT: Hon. John W. Sweeny, Jr., Justice Presiding, Judith J. Gische Troy K. Webber Marcy L. Kahn Peter H. Moulton, Justices

M-1534

Ind. No. 112/17