Appellate Division: Second Judicial Department

M284957

AFA/

FRANCESCA E. CONNOLLY, J.P.

REINALDO E. RIVERA

JOSEPH A. ZAYAS

WILLIAM G. FORD, JJ.

2018-15167, 2022-07380 The People, etc., respondent, v Richard Lydon, appellant. (Ind. Nos. 1956/2017, 588/2018)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Suffolk County, rendered November 26, 2018. By decision and order on motion of this Court dated August 23, 2019, the appellant's motion for poor person relief and assignment of counsel was granted with respect to the appeal from the judgment of the County Court, Suffolk County, rendered November 26, 2018, under Indictment No. 1956/2017. By decision and order on motion of this Court dated October 29, 2019, a motion by assigned counsel to be relieved of the assignment to prosecute the appeal from the judgment rendered November 26, 2018, under Indictment No. 1956/2017, was granted and new counsel was assigned. By decision and order on motion of this Court dated December 14, 2020, previously assigned counsel was relieved of the assignment and new counsel was assigned on the Court's own motion to prosecute the appeal from the judgment rendered November 26, 2018, under Indictment No. 1956/2017.

On the Court's own motion, it is

ORDERED that the notice of appeal from the judgment of the County Court, Suffolk County, rendered November 26, 2018, under Indictment No. 1956/2017 is deemed to reflect that the defendant also appeals from a judgment of the same court, also rendered November 26, 2018, under Indictment No. 588/2018 (see CPL 460.10[6]), the appeal from the judgment rendered November 26, 2018, under Indictment No. 1956/2017 will continue to be prosecuted under Appellate Division Docket No. 2018-15167, and the appeal from the judgment rendered November 26, 2018, under Indictment No. 588/2018 will be prosecuted under Appellate Division Docket No. 2022-07380; and it is further,

ORDERED that the decisions and orders on motion of this Court dated August 23, 2019, and December 14, 2020, are amended to reflect that poor person relief and assignment of counsel are also granted as to the judgment rendered November 26, 2018, under Indictment No. 588/2018, and counsel assigned by the decision and order of this Court dated December 14, 2020, to prosecute the appeal from the judgment rendered November 26, 2018, under Indictment No. 1956/2017 is also assigned to prosecute the appeal from the judgment rendered November 26, 2018, under Indictment No. 588/2018.

CONNOLLY, J.P., RIVERA, ZAYAS and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court