| People of State of New York v Patrick Gill |
| Motion No: 2007-00704 KCR 05-21-2007 |
| Slip Opinion No: 2007 NYSlipOp 73670(U) |
| Decided on July 11, 2007 |
| Appellate Term, 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. |
of the State of New York for the 2nd & 11th Judicial Districts
JULY 11, 2007
HON. JOSEPH G. GOLIA, J.P.
HON. JAIME A. RIOS
HON. ARIEL E. BELEN, JJ.
| PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- PATRICK GILL, Defendant. |
The above named defendant having moved this court by notice of motion returnable MAY 21, 2007 to EXTEND THE TIME TO FILE A NOTICE OF APPEAL, POOR PERSON RELIEF AND ASSIGNMENT OF COUNSEL from a JUDGMENT OF CONVICTION of the CRIMINAL COURT, CITY OF NEW YORK, KINGS COUNTY rendered on MARCH 26, 2007, and said motion having duly come on to be heard;
Now, on reading the papers filed in support of said motion and no papers having been filed in opposition thereto, and due deliberation having been had thereon, it is,
ORDERED that the branch for an extension of time to take an appeal is granted and appellant's moving papers are deemed to constitute a timely notice of appeal; and it is further,
ORDERED that the branch of the motion for poor person relief is granted and the Legal Aid Society is assigned; and it is further,
ORDERED that on the court's own motion, appeal shall be perfected expeditiously; and it is further,
ORDERED that the court stenographer, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to the attorney, who is now assigned as counsel to prosecute the appeal, STEVEN BANKS, ESQ., 199 WATER STREET, 5TH FLOOR, NEW YORK, NEW YORK 10038; and it is further,
ORDERED that the assigned counsel shall serve a copy of the transcript, if any, upon the District Attorney and proof of service shall be filed simultaneously with the service of appellant's brief, same to be returned upon argument or submission of the appeal. The clerk is further directed to file the second copy of the transcript, if any, with the record, which shall then be filed with this court; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide the trial court with a copy of the pre-sentence report prepared in connection with the appellant's sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated or referred to in the report. The trial court shall then conduct an in camera inspection of such documents for the purpose of redacting any information which that court deems to be improper for the defendant to see; and it is further,
ORDERED that upon the trial court having had the opportunity to review the documents and redact such portion, if necessary, then those documents shall be provided to the assigned counsel.
HON. JOSEPH G. GOLIA
JUSTICE PRESIDING
Appellate Term