| People of State of New York v Edward B. Ballard |
| Motion No: 2011-02080 dcr |
| Slip Opinion No: 2012 NY Slip Op 66888(U) |
| Decided on March 8, 2012 |
| 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
FRANCIS A. NICOLAI, P.J.
JOHN R. LaCAVA
ANGELA G. IANNACCI, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Edward B. Ballard, Appellant. |
Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the City Court of Poughkeepsie, Dutchess County, rendered September 1, 2011, 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 the assignment of counsel is denied, as appellant was convicted of a traffic infraction and is not subject to incarceration (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 is denied as moot, as the record has been transmitted to this court; 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 June 1, 2012.
ENTER:
Paul Kenny
Chief Clerk