People of State of New York v George Chao
Motion No: 2010-02694 qcr
Slip Opinion No: 2011 NY Slip Op 63615(U)
Decided on February 3, 2011
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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

JOSEPH G. GOLIA

MARSHA L. STEINHARDT, JJ.

DECISION & ORDER ON MOTION

2010-2694 Q CR
The People of the State of New York, Respondent, v George Chao, Appellant.

Motion by appellant to vacate an order of this court dated December 16, 2010, which dismissed an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered August 6, 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 no papers having been filed in opposition thereto, it is

ORDERED that the branch of the motion seeking to vacate the dismissal of the appeal is granted; and it is further,

ORDERED that the branch of the motion seeking the assignment of counsel is 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 branch of the motion seeking leave to prosecute the appeal as a poor person is denied as academic on the ground that appellant was granted such leave by decision and order of this court dated November 17, 2010.

ENTER:

Paul Kenny

Chief Clerk