| Decision & Order On Motion Appellate Term Docket No. Lower Ct. # 2009kn072651 |
| Motion No: 2010-00465 kcr |
| Slip Opinion No: 2010 NY Slip Op 70370(U) |
| Decided on April 27, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
JAIME A. RIOS
MARSHA L. STEINHARDT, JJ.
| DECISION & ORDER ON MOTION Appellate Term Docket No. Lower Court # 2009KN072651 |
Motion by appellant for poor person relief and assignment of counsel on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered December 15, 2009.
Upon the papers filed in support of said motion and the papers filed in response thereto, it is,
ORDERED that the motion by appellant for poor person relief and assignment of counsel is granted and the Legal Aid Society is assigned as counsel; and it is further,
ORDERED, on the court's own motion, that the appeal shall be perfected expeditiously; and it is further,
ORDERED that 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, STEVEN BANKS, ESQ. NEW YORK LEGAL AID SOCIETY, 199 WATER STREET, 5TH FLOOR, NEW YORK, NEW YORK 10038; and it is further,
ORDERED that assigned counsel 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 it is further,
ORDERED that 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.
ENTER:
Paul Kenny
Chief Clerk