| People of State of New York v Michael A. Figuccio |
| Motion No: 2011-02097 qcr |
| Slip Opinion No: 2011 NY Slip Op 85776(U) |
| Decided on September 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 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, Respondent, v Michael A. Figuccio, Appellant. |
Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Criminal Court of the City of New York, Queens County, rendered June 21, 2011, as a poor person, and for the assignment of counsel.
ORDERED that the branch of the motion seeking the assignment of counsel is denied (see People v Garcia, 93 NY2d 42, 46 [1999]; People v Letterio, 16 NY2d 307 [1965]; People v Russo, 149 AD2d 255, 258 [1989]; see also People v Farinaro, 36 NY2d 283 [1975]); and it is further,
ORDERED that the branch of the motion seeking leave to prosecute the appeal as a poor person relief is granted; and it is further,
ORDERED, on the court's own motion, that an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by December 2, 2011; 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 appellant; and it is further,
ORDERED that appellant 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 appellant 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