People of State of New York v David Gallegos
Motion No: 2007-01396 QCR
Slip Opinion No: 2007 NYSlipOp 86425(U)
Decided on December 13, 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.


SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 2nd and 11th JUDICIAL DISTRICTS


PRESENT : WESTON PATTERSON, J.P., GOLIA and BELEN, JJ.


NO. 2007-1396 Q CR
THE PEOPLE OF THE STATE OF NEW YORK,

Respondent,

-against-

DAVID GALLEGOS,

Appellant.

DECISION

Motion by the appellant for poor person relief is granted and Legal Aid Society is assigned.

On the court's own motion, appeal shall be perfected expeditiously.

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, and

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

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.