| People of State of New York v Michael H. (anonymous) |
| Motion No: 2018-01828 DCR |
| Slip Opinion No: 2019 NY Slip Op 72978(U) |
| Decided on June 7, 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 9th & 10th Judicial Districts
THOMAS A. ADAMS, P.J.
BRUCE E. TOLBERT
ELIZABETH H. EMERSON, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Michael H. (Anonymous), Appellant. |
Motion by appellant for poor person relief and assignment of counsel on an appeal from a judgment of conviction of the Justice Court of the Town of Wappinger, Dutchess County, rendered July 19, 2018, to enlarge the time to perfect the appeal, and to consolidate the appeal with an appeal or re-sentencing under docket number 2018-2153 D CR.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion seeking poor person relief and assignment of counsel on docket number 2018-1828 D CR is granted, and so much of the decision & order on motion dated February 8, 2019 under docket number 2018-2153 D CR 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 under appeal number 2018-1828 D CR; and it is further
ORDERED that the branches of the motion seeking to consolidate the appeal from the judgment of conviction under docket number 2018-1828 D CR with the appeal from the judgment re-sentencing appellant under docket number 2018-2153 D CR), 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; and it is further
ORDERED that the branch of appellant's motion seeking an extension of time to perfect the appeal is granted, and the appeal shall be perfected expeditiously.
ENTER:
Paul Kenny
Chief Clerk