Appellate Division: Second Judicial Department

M279058

E/sl

WILLIAM F. MASTRO, J.P.

PAUL WOOTEN

JOSEPH A. ZAYAS

DEBORAH A. DOWLING, JJ.

2019-04980, 2021-06470 The People, etc., respondent, v Kyle Freistat, also known as Joel Burnett, appellant. (Ind. No. 1786/2017, S.C.I. No. 540/2019)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to deem a notice of an appeal from a judgment of the Supreme Court, Queens County, rendered April 2, 2019, under Indictment No. 1786/2017 to reflect that an appeal is also taken from a judgment of the same court, rendered April 2, 2019, under S.C.I. No. 540/2019, and to amend a prior order granting poor person relief and the assignment of counsel with respect to the judgment rendered April 2, 2019, under Indictment No. 1786/2017 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 April 2, 2019, under S.C.I. No. 540/2019, and to consolidate the appeals. By decision and order on motion of this Court dated July 15, 2019, the appellant was granted poor person relief with respect to the judgment rendered under Indictment No. 1786/2017 and pursuant to County Law § 722 the following named attorney was assigned as counsel to prosecute that appeal:

Janet E. Sabel

The Legal Aid Society

199 Water Street - 5th Floor

New York, New York 10038

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

ORDERED that the motion is granted, the notice of appeal is deemed to reflect that an appeal is also taken from the judgment rendered April 2, 2019, under S.C.I. No. 540/2019, poor person relief and the assignment of counsel are granted as to the judgment rendered under S.C.I. No. 540/2019, and the decision and order on motion of this Court dated July 15, 2019, is amended to reflect that the assignment of the above-referenced counsel is also granted with respect to the judgment rendered under S.C.I. No. 540/2019; and it is further,

ORDERED that the appellant's time to perfect the appeals is extended; assigned counsel shall prosecute the appeals expeditiously in accordance with this Court's rules (see 22 NYCRR 1250.9) and written directions; and it is further,

ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the court from which the appeals are taken.

MASTRO, J.P., WOOTEN, ZAYAS and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court