| People of State of New York v Juan Valencia |
| Motion No: 2011-00043 orcr |
| Slip Opinion No: 2011 NY Slip Op 77525(U) |
| Decided on June 27, 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 9th & 10th judicial Districts
ANGELA G. IANNACCI, J.P.
FRANCIS A. NICOLAI
DENISE F. MOLIA, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Juan Valencia, Appellant. |
Motion by appellant to vacate a decision and order of this court dated April 12, 2011, which dismissed an appeal from a judgment of conviction of the City Court of Newburgh, Orange County, rendered November 30, 2010. Separate motion by appellant for leave to prosecute the appeal as a poor person and for the assignment of counsel.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED, on the court's own motion, that the motions are consolidated for purposes of disposition; and it is further,
ORDERED that the motion to vacate the decision and order of this court dated April 12, 2011 is granted, and the appeal is restored to the general calendar and shall be perfected by September 2, 2011; and it is further,
ORDERED that the motion for leave to prosecute the appeal as a poor person and for the assignment of counsel is denied.
ENTER:
Paul Kenny
Chief Clerk