| People of State of New York v Carlos Stuart |
| Motion No: 2008-02088 KCR |
| Slip Opinion No: 2009 NYSlipOp 62043(U) |
| Decided on January 21, 2009 |
| 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 : 2nd, 11th and 13th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- CARLOS STUART, Appellant. |
DECISION
Motion by 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.
That branch of the motion to stay payment of the fine pending determination of the appeal is granted on condition that the appeal is perfected expeditiously.
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 3 days' notice.
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.