People v Diaz, Franciso



People v Diaz, Franciso
Motion No: 570480/2010
Slip Opinion No: 2010 NY Slip Op 74457(U)
Decided on June 17, 2010
Appellate Term, First 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.



June 17, 2010

People v Diaz, Franciso

Ordered that the motion is granted to the extent of granting appellant leave to file an untimely notice of appeal. The Criminal Court Appeals Clerk is directed to file a notice of appeal on behalf of the defendant. Upon filing said notice of appeal, that branch of the motion seeking to appeal as a poor person and the assignment of counsel is granted. Steven Banks, Esq. of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, Tel # 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation.

By: McKeon, P.J., Schoenfeld, Hunter, Jr., J.J.

Motion No. 570480/2010