| People of State of New York v Shondelle Smith |
| Motion No: 2010-00695 kcr |
| Slip Opinion No: 2010 NY Slip Op 71984(U) |
| Decided on May 14, 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
MICHELLE WESTON, J.P.
JAIME A. RIOS
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, respondent, v Shondelle Smith, appellant. |
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 February 25, 2010.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is,
ORDERED that the branch of the motion by appellant for poor person relief is granted; and it is further,
ORDERED that the branch of the motion for assignment of counsel is denied; 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 appellant; and it is further,
ORDERED that 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 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.
The application for assignment of counsel is denied because appellant was convicted of a violation and is not subject to further 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]).
ENTER:
Marsha L. Steinhardt
Associate Justice