| People of State of New York v Germaine Palmer |
| Motion No: 2007-00796 WCR 06-04-2007 |
| Slip Opinion No: 2007 NYSlipOp 73674(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 9th & 10th Judicial Districts
JULY 11, 2007
HON. KENNETH W. RUDOLPH, P.J.
HON. EDWARD G. McCABE
HON. MELVYN TANENBAUM, JJ.
| PEOPLE OF THE STATE OF NEW YORK, Respondent , -against- GERMAINE PALMER, Appellant. |
The above named appellant having appealed to this court from a JUDGMENT OF CONVICTION of the JUSTICE COURT, MOUNT VERNON, WESTCHESTER COUNTY rendered on APRIL 25, 2007, and the APPELLANT having moved this court by order to show cause returnable JUNE 4, 2007 for POOR PERSON RELIEF AND ASSIGNMENT OF COUNSEL 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 motion is granted and counsel assigned pursuant to Article 18-B of the County Law; and it is further,
ORDERED that on the court's own motion, appeal shall be perfected expeditiously; and it is further,
ORDERED that the appellant's time to file an affidavit of errors, if necessary, is extended 30 days from the date of this order; 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, ABRAHAM MAYERS, ESQ., 976 MCLEAN AVENUE # 382, YONKERS, NEW YORK 10704; 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 assigned counsel 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.
HON. EDWARD G. McCABE
ASSOCIATE JUSTICE
Appellate Term