Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M275971

E/sl

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

BETSY BARROS

PAUL WOOTEN, JJ.

2016-06547, 2021-01653 The People, etc., respondent, v Kaheem Cummings, appellant. (Ind. Nos. 91/2015, 96/2015)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to deem the notice of appeal to reflect that he is appealing from a judgment of the County Court, Dutchess County, rendered May 18, 2016, under Indictment No. 91/2015 as well as a judgment of the same court also rendered May 18, 2016, under Indictment No. 96/2015, to amend prior orders granting poor person relief and the assignment of counsel with respect to the appeal from the judgment rendered May 18, 2016, under Indictment No. 91/2015 to reflect that poor person relief and the assignment of counsel are also granted with respect to the judgment of the same court also rendered May 18, 2016, under Indictment No. 96/2015, and to consolidate the appeals. By decision and order on motion of this Court dated June 1, 2017, the appellant was granted poor person relief with respect to the judgment rendered under Indictment No. 91/2015 and by decision and order on motion of this Court dated November 27, 2020, pursuant to County Law § 722 the following named attorney was assigned to prosecute that appeal:

Yasmin Daley Duncan

386 Parkside Avenue

Brooklyn, NY 11226

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted, and the decision and order on motion of this Court dated June 1, 2017, is amended to reflect that poor person relief is also granted with respect to the judgment rendered under Indictment No. 96/2015, and the decision and order on motion of this Court dated November 27, 2020, is amended to reflect that the assignment of the above-referenced counsel is also granted with respect to the judgment rendered under Indictment No. 96/2015; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this order upon the clerk of the court from which the appeals are taken; and it is further,

ORDERED that on the Court's own motion, the appellant's time to serve and file a brief is extended, and on or before April 7, 2021, the appellant shall serve the appellant's brief and upload digital copies of the appellant's brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the appellant's brief in accordance with any applicable administrative order or other order to be issued by the Court.

DILLON, J.P., AUSTIN, BARROS and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court