Appellate Division: Second Judicial Department

M300327

KS/

VALERIE BRATHWAITE NELSON, J.P.

LINDA CHRISTOPHER

HELEN VOUTSINAS

PHILLIP HOM, JJ.

2023-01641, 2024-11003 The People, etc., respondent, v Ziair Mack, appellant. (Ind. Nos. 1237/2020, 73313/2021)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, rendered July 22, 2022. Motion by the appellant, in effect, to deem the notice of an appeal from the judgment rendered July 22, 2022, under Indictment No. 1237/2020, to reflect that an appeal is also taken from a judgment of the same court, rendered July 22, 2022, under Indictment No. 73313/2021, and to amend a prior order granting poor person relief and the assignment of counsel with respect to the judgment rendered July 22, 2022, under Indictment No. 1237/2020, 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 July 22, 2022, under Indictment No. 73313/2021, and to consolidate the appeals. By decision and order on motion of this Court dated April 21, 2023, the appellant was granted poor person relief with respect to the judgment rendered July 22, 2022, under Indictment No. 1237/2020, and pursuant to County Law § 722 the following named attorney was assigned as counsel to prosecute that appeal:

Patricia Pazner

Appellate Advocates

111 John Street - 9th Floor

New York, New York 10038

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 notice of appeal from the judgment rendered July 22, 2022, under Indictment No. 1237/2020, is deemed to reflect that an appeal is also taken from the judgment rendered July 22, 2022, under Indictment No. 73313/2021, poor person relief and the assignment of counsel are granted as to the judgment rendered under Indictment No. 73313/2021, the decision and order on motion of this Court dated April 21, 2023, is amended to reflect that the assignment of the above-referenced counsel is also granted with respect to the judgment rendered under Indictment No. 73313/2021, and the appeals are consolidated; 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.

BRATHWAITE NELSON, J.P., CHRISTOPHER, VOUTSINAS and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court