| People of State of New York v Herbert Powell |
| Motion No: 2012-00016 kcr |
| Slip Opinion No: 2012 NY Slip Op 80433(U) |
| Decided on July 17, 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 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
JAIME A. RIOS
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Plaintiff, v Herbert Powell, Defendant. |
Motion by Mark Diamond, Esq., to continue, nunc pro tunc, his representation of defendant so that he may be paid for his filing of an application for leave to appeal from an order of the Criminal Court of the City of New York, Kings County, dated December 7, 2011.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied without prejudice to movant seeking appropriate relief in the Criminal Court, as the filing of an application for leave to appeal was part of movant's duties in that court (cf. 22 NYCRR 671.3).
ENTER:
Paul Kenny
Chief Clerk