| People of State of New York v William Hyde |
| Slip Opinion No: 2010 NY Slip Op 67376(U) |
| Decided on March 24, 2010 |
| 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- NO. 2010-249 K CR WILLIAM HYDE, Appellant. |
DECISION
The branch of the motion by appellant for poor person relief is granted.
The branch of the motion for assignment of counsel is denied.
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 appellant, and
Appellant shall serve a copy of the transcript, if any, upon the District Attorney, 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.
Appellant was convicted of a violation and is not subject to incarceration (see People v Garcia, 93 NY2d 42, 46 [1999]; People v Letterio, 16 NY2d 307 [1965]; People v Russo, 149 AD2d 255, 258 [1989]; see also People v Farinaro, 36 NY2d 283 [1975]).