| People of State of New York v Thomas Lubrano |
| Motion No: 2009-00952 SCR |
| Slip Opinion No: 2009 NY Slip Op 88745(U) |
| Decided on November 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- THOMAS LUBRANO, Appellant. |
DECISION
That branch of the motion by appellant seeking poor person relief is granted.
That branch of the motion seeking to stay the sentence is granted on condition that the appeal is perfected by February 5, 2010.
In the event that the above condition is not met, the court, on its own motion, may vacate the stay, or respondent may move to vacate the stay on three days' notice.
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 appellant, and
Appellant 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 appellant 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.