| People of State of New York v Daniel Collins |
| Motion No: 2009-00829 NCR |
| Slip Opinion No: 2009 NY Slip Op 80439(U) |
| Decided on August 10, 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- DANIEL COLLINS, Appellant. |
DECISION
That branch of the motion by appellant for poor person relief is granted and the Legal Aid Society of Nassau County is assigned as counsel.
That branch of the motion for an enlargement of time to perfect appeal is granted and the 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 appellant's sentencing, including the recommendation sheet and any prior reports on appellant which are incorporated or referred to in the report.
The People, if they be so advised, may move in the court below for redaction of parts of the presentence report (see Matter of Gutkaiss v People, 49 AD3d 979 [2008]).