| People of State of New York v Thomas Roberts |
| Motion No: 2009-02443 kcr |
| Slip Opinion No: 2011 NY Slip Op 66292(U) |
| Decided on March 1, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
MICHELLE WESTON
MARSHA L. STEINHARDT, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Appellant, v Thomas Roberts, Respondent. |
Appeal by the People from an order of the Criminal Court of the City of New York, Kings County, entered September 9, 2009. Pursuant to People v Garcia (93 NY2d 42 [1999]), this court issued a decision and order on motion dated December 2, 2010, which, inter alia, advised defendant of his right to counsel. The first decretal paragraph thereof directed the People to personally serve a copy of the decision and order, together with a copy of the brief on the appeal, on defendant. The fourth decretal paragraph thereof provided that if personal service cannot be made with due diligence, the People may make an ex parte application to this court for an order authorizing an alternative method of service. Application by the People for the approval of an alternate method of service.
Upon the papers filed in support of the application and on the court's own motion, it is
ORDERED that the application is granted; and it is further,
ORDERED that on or before March 22, 2011, the People are directed to serve a copy of the decision and order on motion dated December 2, 2010, together with a copy of their brief on appeal, on defendant by mailing copies of the order and the brief to him at his last known address; and it is further,
ORDERED that within 10 days after service thereof, the People shall file proof of such service in the office of the Clerk of this court.
ENTER:
Paul Kenny
Chief Clerk