Appellate Division: Second Judicial Department

M290403

AFA/

VALERIE BRATHWAITE NELSON, J.P.

WILLIAM G. FORD

DEBORAH A. DOWLING

BARRY E. WARHIT, JJ.

2019-13713, 2023-06815 The People, etc., respondent, v Reggie Frank, appellant. (Ind. No. 1657/2018)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, rendered October 24, 2019. By decision and order on motion of this Court dated June 26, 2020, the appellant's motion for poor person relief and assignment of counsel was granted. Motion by the appellant pursuant to CPL 460.10(6) to deem the notice of appeal from the judgment to also be a premature notice of appeal from a resentence of the same court imposed December 4, 2019.

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 from the judgment is deemed to reflect that the defendant also appeals from the resentence (see CPL 460.10[6]), the appeal from the judgment will continue to be prosecuted under Appellate Division Docket No. 2019-13713, and the appeal from the resentence will be prosecuted under Appellate Division Docket No. 2023-06815; and it is further,

ORDERED that the decision and order on motion of this Court dated June 26, 2020, is amended to reflect that poor person relief and assignment of counsel are also granted as to the appeal from the resentence, and counsel assigned to prosecute the appeal from the judgment is also assigned to prosecute the appeal from the resentence.

BRATHWAITE NELSON, J.P., FORD, DOWLING and WARHIT, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court