| People of State of New York v Andrew T. Mcdonald |
| Motion No: 2010-00640 scr |
| Slip Opinion No: 2010 NY Slip Op 73705(U) |
| Decided on June 4, 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
FRANCIS A. NICOLAI, P.J.
JOHN R. LaCAVA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Andrew T. McDonald, Appellant. |
Motion by appellant for poor person relief and an enlargement of time to perfect an appeal from a judgment of conviction of the District Court of Suffolk County, First District, rendered March 16, 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 appellant for poor person relief is granted; 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 by September 3, 2010; and it is further,
ORDERED that appellant's time to file an affidavit of errors, if necessary, is extended 30 days from the date of this order; and it is further,
ORDERED that the court stenographer or a certified transcriber, 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 and 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 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.
ENTER:
Paul Kenny
Chief Clerk