Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of the State of New YorkDec 6, 2018
2018 N.Y. Slip Op. 90087 (N.Y. App. Div. 2018)

Motion No: M-4937


The People of the State of New York, Respondent, v. Ind. Nos. 24341C/15 991/16 Gustavo Vizcaino, Defendant-Appellant.

Defendant having moved for leave to prosecute, as a poor person, the appeal taken from a judgment of the Supreme Court, Bronx County, rendered on or about July 24, 2018 under Ind. Nos. 991/16 and 24341C/15, for leave to have the appeal heard upon the original record and a reproduced appellant's brief, and for related relief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that, upon the Court's own motion, the notice of appeal on Ordered that the motion is granted to the extent of permitting the appeal to be heard on the original record, except that a certified copy of the indictment(s) shall be substituted in place of the original indictment(s), and upon a reproduced appellant's brief, on condition that appellant serves one copy of such brief upon the District Attorney of said county and files an original, five hard copies and, if represented by counsel, one digital copy of such brief, together with the original record, pursuant to Section 1250.9 of the Practice Rules of the Appellate Division.The court reporter shall promptly make and file with the criminal court (CPL §460.70) one transcript of the stenographic minutes of any proceedings pursuant to CPL §210.20, Arts. 710 and 730, of the plea or trial and sentence. The Clerk shall furnish a copy of such transcripts to appellant's counsel, without charge, the transcripts to be returned to this Court when appellant's brief is filed.Robert S. Dean, Esq., Center for Appellate Litigation, 120 Wall Street, 28th Floor, New York, New York 10005, Telephone No. 212-577-2523, is assigned as counsel for defendant-appellant for purposes of the appeal on both indictments. The time within which appellant shall perfect this appeal is hereby enlarged until 180 days from the date of receipt of the complete record.

ENTERED: December 6, 2018

_____________________ CLERK

Present - Hon. John W. Sweeny Jr., Justice Presiding, Judith J. Gische Barbara R. Kapnick Ellen Gesmer Peter H. Moulton,Justices


Ind. No. 24341C/16 is deemed timely filed, and it is further,