People v Ernest Bristel2798/16 .

Motion No: M-792

Slip Opinion No: 2020 NYSlipOp 65299(U)

Decided on April 2, 2020

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.

April 2, 2020

The People of the State of New York,

Respondent,

v

Ernest Bristel, 2798/16

Defendant-Appellant.

An order of this Court having been entered on August 2, 2018 (M-2649), 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

November 20, 2017, under Indictment Nos. 972/17 and 2798/16, and assigning counsel therefor,And defendant having previously moved for an order amending the aforesaid assignment to include the judgment of conviction of the same Court, entered on December 21, 2018, under Indictment No. 972/17, And defendant having moved to withdraw the aforesaid motion and to grant an extension of time to file an untimely notice of appeal pursuant to CPL 460.30 from said December 21, 2018 judgment, under Indictment No. 972/17, 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 notice of appeal as timely filed from the

December 21, 2018 judgment under Indictment No. 972/17 and

enlarging the prior order of assignment entered on August 2, 2019 (M-2649) to include the judgment of conviction rendered on December 21, 2018, under Indictment No. 972/17. ENTERED: April 2, 2020

_____________________ CLERK

PRESENT: Hon. Judith J. Gische, Justice Presiding, Ellen Gesmer Jeffrey K. Oing Peter H. Moulton, Justices

M-792

Ind. Nos. 972/17