People of State of New York v Elder Yakubov
Motion No: 2012-01478 ricr
Slip Opinion No: 2012 NY Slip Op 85345(U)
Decided on September 19, 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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHELLE WESTON, J.P.

JAIME A. RIOS

MARTIN M. SOLOMON, JJ.

DECISION & ORDER ON MOTION

2012-1478 RI CR
The People of the State of New York, Respondent, v
Elder Yakubov, Appellant.

Motion by appellant on an appeal from a judgment of conviction of the Criminal Court of the City of New York, Richmond County, rendered May 7, 2012, 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 motion is denied, as appellant was convicted of a violation 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]).

ENTER:

Paul Kenny

Chief Clerk