| People of State of New York v Dorrel English |
| Motion No: 2010-00844 wcr |
| Slip Opinion No: 2010 NY Slip Op 86377(U) |
| Decided on October 19, 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, Plaintiff, v Dorrel English, Defendant. |
Motion by defendant, pursuant to CPL 460.30, for an extension of time to take an appeal from a judgment of conviction of the City Court of Mount Vernon, Westchester County, rendered March 16, 2010, for leave to prosecute the appeal as a poor person, and for the assignment of counsel.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is
ORDERED that the branch of the motion by defendant seeking an extension of time to take an appeal is granted and defendant's moving papers are deemed to constitute a timely notice of appeal; and it is further,
ORDERED that the branches of the motion seeking leave to prosecute the appeal as a poor person and the assignment of counsel are granted and counsel is assigned pursuant to article 18-B of the County Law; and it is further,
ORDERED, on the court's own motion, that the appeal shall be perfected expeditiously; and it is further,
ORDERED that defendant's time to file an affidavit of errors, if necessary, is extended 30 days from the date of this decision and 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 the attorney who is now assigned as counsel to prosecute the appeal, STEWART A. McMILLAN, ESQ., McMILLAN LLP, 2180 BOSTON POST ROAD, LARCHMONT, NEW YORK 10538; 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 defendant's sentencing, including the recommendation sheet and any prior reports on defendant which are incorporated or referred to in the report.
ENTER:
Paul Kenny
Chief Clerk