Appellate Division: Second Judicial Department

M303371

AFA/

BETSY BARROS, J.P.

LILLIAN WAN

DONNA-MARIE E. GOLIA

JAMES P. MCCORMACK, JJ.

2023-01654 The People, etc., respondent, v Justin Brown, appellant. (Ind. Nos. 72118/2021, 70384/2022)

DECISION & ORDER ON MOTION Motion for Waiver of Costs, Fees, and Expenses and to Assign Counsel

Appeal from a judgment of the Supreme Court, Kings County, rendered September 14, 2022, under Ind. No. 72118/2021. Motion by the appellant, in effect, to deem the notice of appeal from the judgment rendered September 14, 2022, under Ind. No. 72118/2021, to reflect that an appeal is also taken from a judgment of the same court rendered September 14, 2022, under Ind. No. 70384/2022, and to amend a prior order granting waiver of costs, fees, and expenses and the assignment of counsel with respect to the judgment rendered September 14, 2022, under Ind. No. 72118/2021, to reflect that waiver of costs, fees, and expenses and the assignment of counsel are also granted with respect to the appeal from the judgment of the same court rendered September 14, 2022, under Ind. No. 70384/2022, and to consolidate the appeals. By decision and order on motion of this Court dated March 29, 2023, the appellant was granted waiver of costs, fees, and expenses with respect to the judgment rendered September 14, 2022, under Ind. No. 72118/2021, 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 the papers filed in relation thereto, it is

ORDERED that the motion is granted, the notice of appeal from the judgment rendered September 14, 2022, under Ind. No. 72118/2021, is deemed to reflect that an appeal is also taken from the judgment rendered September 14, 2022, under Ind. No. 70384/2022, waiver of costs, fees, and expenses, and the assignment of counsel are granted as to the judgment rendered under Ind. No. 70384/2022, the decision and order on motion of this Court dated March 29, 2023, is amended to reflect that the assignment of the above-referenced counsel is also granted with respect to the judgment rendered under Ind. No. 70384/2022, 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.

BARROS, J.P., WAN, GOLIA and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court