People v Anthony C. .

Motion No: M-603

Slip Opinion No: 2020 NYSlipOp 65617(U)

Decided on April 23, 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 23, 2020

The People of the State of New York,

Respondent, SEALED

v

Anthony C.,

Defendant-Appellant.

A certificate of a Justice of this Court having been entered on April 11, 2019 (M-1214), granting defendant leave to appeal to this Court from the order of the Supreme Court, New York County, entered on or about January 18, 2019, which denied his motion pursuant to CPL 440.10, And an order of this Court having been entered on May 23, 2019 (M-962), which, inter alia, dismissed the purported appeal taken by defendant from an interlocutory evidentiary order of the Supreme Court, Bronx County, entered on or about August 7, 2018, And an order of this Court having been entered on November 26, 2019, extending defendant-appellant's time to perfect the appeal taken from the January 18, 2019 order to the March 2020 Term and permitting defendant to file an oversized brief, and defendant having failed to perfect for said Term, And defendant-appellant, pro se, having moved for an order enlarging the record on appeal to include certain exhibits annexed to his moving papers (M-489),And defendant-appellant, via counsel, having moved for an order vacating the dismissal of both appeals and, upon reinstatement, extending the time to perfect same (M-603),Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that that branch of the motion (M-603) seeking to vacate dismissal of the appeal taken from the January 18, 2019 order is granted, the dismissal vacated, the appeal reinstated, and the time to perfect said appeal is extended to the September 2020 Term of this Court. The motion is otherwise denied, and It is further ordered that the motion (M-489) is granted to the extent of enlarging the record on appeal to include the exhibits annexed to the moving papers. ENTERED: April 23, 2020

_____________________ CLERK

Present - Hon. Rosalyn H. Richter, Justice Presiding, Sallie Manzanet-Daniels Anil C. Singh Peter H. Moulton, Justices

M-603

M-489

Ind. No. 2055/13