| People of State of New York v James Harvey |
| Motion No: 2008-01979 SCR |
| Slip Opinion No: 2008 NYSlipOp 92153(U) |
| Decided on December 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- JAMES HARVEY, Appellant. |
DECISION
Application by incarcerated appellant for poor person relief is granted and the Legal Aid Society is assigned.
On the court's own motion, appeal shall be perfected expeditiously.
Appellant's time to file an affidavit of errors, if necessary, is extended 30 days from the date of this order.
The court stenographer or a certified transcriber, 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.
McCabe, J., taking no part.