| People of State of New York v Cherrie A. Retamozzo |
| Motion No: 2008-00977 NCR |
| Slip Opinion No: 2009 NYSlipOp 64465(U) |
| Decided on February 19, 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: 9th and 10th JUDICIAL DISTRICTS
| THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- CHERRIE A. RETAMOZZO, Appellant. |
DECISION
That branch of the motion by appellant to vacate dismissal of the appeal is granted and the appeal shall be perfected by April 3, 2009.
That branch of the motion for poor person relief and assignment of counsel is denied.
Appellant was convicted of a traffic infraction and is not subject to incarceration (cf. People v Farinaro, 36 NY2d 283 [1975]).