| People of State of New York v Edwin Burgos |
| Motion No: 2010-00413 wcr |
| Slip Opinion No: 2010 NY Slip Op 71629(U) |
| Decided on May 6, 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 9th & 10th judicial Districts
MELVYN TANENBAUM, J.P.
DENISE F. MOLIA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Edwin Burgos, Appellant. |
Motion by defendant for an extension of time to take an appeal, poor person relief and assignment of counsel on an appeal from a judgment of conviction of the City Court of Mount Vernon, Westchester County, rendered January 11, 2010.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is,
ORDERED that the branch of the motion by defendant seeking an extension of time to take an appeal is granted and defendant's moving papers are deemed to constitute a timely notice of appeal; and it is further,
ORDERED that the branches of the motion seeking poor person relief and assignment of counsel are granted and counsel is assigned pursuant to article 18-B of the County Law; and it is further,
ORDERED, on the court's own motion, that the appeal shall be perfected expeditiously; and it is further,
ORDERED that appellant's time to file an affidavit of errors, if necessary, is extended to 30 days from the date of this order; 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, JOHN DEVANEY, ESQ., C/O PAPPALARDO & PAPPALARDO, 700 POST ROAD, SUITE 355, SCARSDALE, NEW YORK 10583; 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:
DENISE F. MOLIA
Associate Justice