| People of State of New York v Francis Osorio |
| Motion No: 2010-00609 ncr |
| Slip Opinion No: 2010 NY Slip Op 72576(U) |
| Decided on May 21, 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
JOHN R. LaCAVA, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Francis Osorio, Appellant. |
Motion by appellant for poor person relief, assignment of counsel and an enlargement of time to perfect an appeal from a judgment of conviction of the District Court of Nassau County, First District, rendered February 18, 2010.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is,
ORDERED that the branches of the motion by appellant 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 that the branch of the motion for an enlargement of time to perfect the appeal is granted and 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; THOMAS KENNIFF, ESQ., 1517 FRANKLIN AVENUE, SUITE 300, MINEOLA, NEW YORK 11501; 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