| People of State of New York v Lillian Evans |
| Motion No: 2008-01201 ORCR |
| Slip Opinion No: 2008 NYSlipOp 83228(U) |
| Decided on September 11, 2008 |
| 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. |
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- LILLIAN EVANS, Appellant. |
DECISION
That branch of the motion by defendant seeking in essence, an extension of time to take an appeal is granted and defendant's moving papers are deemed to constitute a timely notice of appeal.
That branch of the motion seeking poor person relief and assignment of counsel is denied.
That branch of the motion seeking a stay of sentence pending determination of the appeal is granted on condition that the appeal is perfected by December 5, 2008.
In the event that the above condition is not met, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay on three days' notice.
Defendant was convicted of a violation and is not subject to incarceration (cf. People v Farinaro, 36 NY2d 283 [1975]).