People v. Cushnie

• Docket Number: Motion No. 2023-05671,Ind. No. 74782/22,Case No. 2023-06692
• Decision Date: 25 January 2024
• Citation: 2024 NY Slip Op 61220 (U)
• Parties: The People of the State of New York, Respondent, v. Richard Cushnie, Defendant-Appellant.
• Court: New York Supreme Court — Appellate Division

1

2024 NY Slip Op 61220(U)

The People of the State of New York, Respondent, v. Richard Cushnie, Defendant-Appellant.

Motion No. 2023-05671, Ind. No. 74782/22, Case No. 2023-06692

Supreme Court of New York, First Department

January 25, 2024

Unpublished Opinion

MOTION DECISION

Present - Hon. Anil C. Singh, Justice Presiding, Martin Shulman Bahaati E. Pitt-Burke Kelly O'Neill Levy Marsha D. Michael, Justices.

Defendant having moved to deem the moving papers herein a timely filed notice of appeal, or, in the alternative, for an order granting defendant permission to file an untimely notice of appeal from a judgment of the Supreme Court, Bronx County, rendered on or about October 05, 2023, for leave to prosecute the appeal as a poor person and assignment of counsel, 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 the motion is granted to the extent of deeming the moving papers a timely filed notice of appeal and the appeal shall 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 with this Court 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, and 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.

Twyla Carter, Esq., The Legal Aid Society, 199 Water Street, 5th Floor, New York, New York 10038, Telephone No. 212-577-3688, is assigned as counsel for defendant-appellant for purposes of the appeal. The time within which appellant shall perfect this appeal is hereby enlarged until 180 days from the receipt of the complete record.