People v Divine Fredericks .

Motion No: M-7706

Slip Opinion No: 2019 NYSlipOp 84806(U)

Decided on November 26, 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.

November 26, 2019

The People of the State of New York,

Respondent,

v

Divine Fredericks,

Defendant-Appellant.

A timely appeal having been taken from a judgment of the Supreme Court, Bronx County, rendered on or about July 22, 2019, And defendant having moved for an enlargement of time in which to file a notice of appeal from a judgment of resentence of the Supreme Court, Bronx County, rendered on or about

July 29, 2019, and for leave to prosecute the appeals taken from both the July 22, 2019 judgment and the July 29, 2019 judgment of resentence as a poor person upon the original record and a reproduced appellant's brief, and for related relief, 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 deeming the moving papers a timely filed notice of appeal from the July 29, 2019 judgment of resentence and permitting the appeals to be heard on the original record, except that a certified copy of the indictment(s) shall be substituted in place of the original indictment(s), and upon a reproduced appellant's brief, on condition that appellant serves one copy of such brief upon the District Attorney of said county and files an original, five hard copies and, if represented by counsel, one digital copy of such brief, together with the original record, pursuant to Section 1250.9 of the Practice Rules of the Appellate Division. The court reporter shall promptly make and file with the criminal court (CPL §460.70) one transcript of the stenographic minutes of any proceedings pursuant to CPL §210.20, Arts. 710 and 730, and of the plea or trial and sentence and resentence. The Clerk shall furnish a copy of such transcripts to appellant's counsel, without charge, the transcripts to be returned to this Court when appellant's brief is filed. Robert S. Dean, Esq., Center for Appellate Litigation,

120 Wall Street, 28th Floor, New York, New York 10005, Telephone No. 212-577-2523, is assigned as counsel for defendant-appellant for purposes of the appeals. The time within which appellant shall perfect the appeals is hereby enlarged until 180 days from the date of receipt of the complete record. ENTERED: November 26, 2019

_____________________ DEPUTY CLERK

Present - Hon. Rosalyn H. Richter Justice Presiding, Sallie Manzanet-Daniels Judith J. Gische Troy K. Webber Cynthia S. Kern, Justices

M-7706

Ind. No. 1900/17