Appellate Division: Second Judicial Department

M282535

AFA/

BETSY BARROS, J.P.

REINALDO E. RIVERA

ROBERT J. MILLER

LINDA CHRISTOPHER, JJ.

2017-11052 The People, etc., respondent, v Christopher D. (Anonymous), appellant. (Ind. No. 208/16)

DECISION & ORDER ON MOTION

2017-12812

The People, etc., respondent,

v Christopher D. (Anonymous), appellant.

(Ind. No. 208/16)

Appeals from a judgment of the Supreme Court, Queens County, rendered August 16, 2017, and from a resentence imposed October 25, 2017. Motion by the appellant for leave to prosecute the appeal from the resentence as a poor person and for the assignment of counsel, for leave to withdraw the appeal from the judgment, and to deem the brief filed in connection with the appeal from the judgment to be filed in connection with the appeal from the resentence.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, the appellant is granted leave to prosecute the appeal from the resentence as a poor person, and pursuant to County Law § 722 the following named attorney is assigned as counsel to prosecute the appeal from the resentence:

Patricia Pazner

Appellate Advocates

111 John Street - 9th Floor

New York, New York 10038

and it is further,

ORDERED that the appeal from the judgment is deemed withdrawn; and it is further,

ORDERED that the appellant's brief filed in connection with the appeal from the judgment is deemed to be filed in connection with the appeal from the resentence, and on or before May 18, 2022, the appellant shall upload a digital replacement brief through the digital portal on the Court's website with a cover which contains Appellate Division Docket No. 2017-12812 and does not contain Appellate Division Docket No. 2017-11052; and it is further,

ORDERED that on the Court's own motion, on or before June 20, 2022, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website; 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 appeal is taken.

BARROS, J.P., RIVERA, MILLER and CHRISTOPHER, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court