People v Braithwaite, Keston
Motion No: 2022-09001
Slip Opinion No: 2024 NY Slip Op 78088(U)
Decided on November 8, 2024
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M300583

KS/

HECTOR D. LASALLE, P.J.

WILLIAM G. FORD

HELEN VOUTSINAS

DONNA-MARIE E. GOLIA, JJ.

2022-09001

The People, etc., respondent,

v Keston Braithwaite, appellant.

(Ind. No. 308/2020)

DECISION & ORDER ON MOTION

Appeal from a judgment of the County Court, Suffolk County, rendered September 23, 2022. Motion by the appellant to hold the appeal in abeyance pending the determination of his motion pursuant to CPL 440.10 by the County Court, Suffolk County, or, in the alternative, to extend the time to perfect the appeal.

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

ORDERED that the branch of the motion which is to hold the appeal in abeyance is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, and on or before December 23, 2024, the appellant shall and file the appellant'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; if the appellant is unable to access the digital portal on this Court's website, the appellant may file one copy of the brief by regular mail.

LASALLE, P.J., FORD, VOUTSINAS and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court