| People of State of New York v Jose Roman |
| Motion No: 2011-02197 scr |
| Slip Opinion No: 2011 NY Slip Op 89102(U) |
| Decided on October 25, 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
MELVYN TANENBAUM, JP.
FRANCIS A. NICOLAI
DENISE F. MOLIA, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Appellant v Jose Roman, Respondent. |
The People having appealed from an order of the District Court, County of Suffolk, dated July 19, 2011, and the appeal having been perfected on September 23, 2011, and the defendant having failed to timely file a brief in response thereto, now, in compliance with the requirements of People v Garcia (93 NY2d 42 [1999]):
THE DEFENDANT IS HEREBY ADVISED
A. that he has the right to the assistance of counsel on the People's appeal;
B. that if he is financially unable to retain counsel, he may make an application to this court for the assignment of counsel, and, upon proof of such financial inability, one may be appointed for him;
C. that he has the right to forgo the assistance of counsel and to respond to the People's appeal pro se; and
D. that unless within 60 days from the date of this order the defendant responds to the appeal pro se or by retained counsel, or moves for the appointment of counsel to represent him, or seeks an enlargement of time to respond to the appeal, he may be deemed to have waived his right to counsel on the appeal and it shall be considered and determined only on the People's brief and the original record; and,
ON THE COURT'S OWN MOTION, it is:
ORDERED that People are directed to serve a copy of this decision and order, together with a copy of their brief, upon the defendant, by personal delivery of the same to him; and it is further,
ORDERED that People shall file proof of such service with the Clerk of this court within 20 days of the date hereof; and it is further,
ORDERED that the defendant's time to respond to the appeal pro se or by retained counsel, or to move for the assignment of counsel, is enlarged until 60 days after the date of service upon him of a copy of this decision and order together with a copy of the appellant's brief, and in the event that he does not within that time so respond to the appeal, or move for the assignment of counsel, or seek an enlargement of time to respond to the appeal, the defendant may be deemed to have waived his right to counsel, and the appeal shall be considered and determined only on the People's brief and original record; and it is further,
ORDERED that if personal service of a copy of this decision and order cannot be made with due diligence, People may make an ex parte application to this court for an order authorizing alternative methods of service. Such an application shall be supported by affidavit or affidavits detailing the steps taken to find and serve the defendant personally.
ENTER:
Paul Kenny
Chief Clerk