People of State of New York v Innokent Krupnov
Motion No: 2010-03245 kcr
Slip Opinion No: 2011 NY Slip Op 63619(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.

MICHELLE WESTON

JAIME A. RIOS, JJ.

DECISION & ORDER ON MOTION

2010-3245 K CR
The People of the State of New York, Plaintiff, v Innokent Krupnov, 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 Criminal Court of the City of New York, Kings County, rendered December 9, 2009, or, in the alternative, to deem the notice of appeal timely filed, 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 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 branch of the motion seeking leave to prosecute the appeal as a poor person and for 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 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, NEW YORK CITY LEGAL AID SOCIETY, 111 LIVINGSTON STREET, 9TH FLOOR, BROOKLYN, NEW YORK 11201; 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:

Paul Kenny

Chief Clerk