People v Darrick Herman .

Motion No: M-2923

Slip Opinion No: 2019 NYSlipOp 76294(U)

Decided on July 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.

July 30, 2019

The People of the State of New York,

Respondent,

v

Darrick Herman,

Defendant-Appellant.

An order of this Court having been entered on October 30, 2018 (M-4519), 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 June 5, 2018, and assigning counsel therefor, And defendant-appellant having moved for an order amending the aforementioned order to include an appeal from a judgment of resentence of said Court, rendered on or about September 20, 2018, under the same indictment number, deeming the notice of appeal from said judgment of resentence to have been timely filed, and enlarging the time to perfect the appeal, 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 deeming the notice of appeal from the judgment of resentence as timely filed, and amending the aforementioned order of this Court entered on October 30, 2018 (M-4519) to include said judgment of resentence. The time to perfect the appeal is enlarged to the January 2020 Term. ENTERED: JULY 30, 2019

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr., Justice Presiding, Dianne T. Renwick Rosalyn H. Richter Sallie Manzanet-Daniels Peter Tom, Justices

M-2923

Ind. No. 3207/17