| People of State of New York v Theolinda Brown |
| Motion No: 2010-01512 kcr |
| Slip Opinion No: 2010 NY Slip Op 78364(U) |
| Decided on July 27, 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
MICHAEL L. PESCE, P.J.
JOSEPH G. GOLIA
JAIME A. RIOS, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Theolinda Brown, Appellant. |
Motion by appellant to continue a stay of sentence pending the determination of an appeal from a judgment of conviction of the Criminal Court of the City of New York, Kings County, rendered June 4, 2010, and for poor person relief and assignment of counsel.
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 seeking to continue the stay of the sentence pending the determination of the appeal is granted; and it is further,
ORDERED that the branches of the motion by appellant seeking poor person relief and assignment of counsel are granted and the Legal Aid Society is assigned as counsel; and it is further,
ORDERED, on the court's own motion, that the appeal shall be perfected expeditiously; 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 STEVEN BANKS ESQ. N.Y. CITY LEGAL AID SOCIETY, 199 WATER STREET, 5TH FLOOR, NEW YORK, N.Y. 10038; 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:
Michael L. Pesce
Presiding Justice