| People of State of New York v Barbara A. Baumgarten |
| Motion No: 2010-01126 scr |
| Slip Opinion No: 2010 NY Slip Op 78350(U) |
| Decided on July 22, 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.
MELVYN TANENBAUM
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Barbara A. Baumgarten, Appellant. |
Motion by appellant for poor person relief and assignment of counsel on an appeal from a judgment of conviction of the District Court of Suffolk County, Sixth District, rendered March 22, 2010.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is,
ORDERED that the branch of the motion for assignment of counsel is denied; and it is further,
ORDERED that the branch of the motion by appellant for poor person relief is granted; 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 violations and is not subject to 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:
Angela G. Iannacci
Associate Justice