People v David Ortiz

Motion No: 105500

Slip Opinion No: 2013 NY Slip Op 69585(U)

Decided on March 29, 2013

Appellate Division, Third 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.

Decided and Entered: March 29, 2013105500

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v DAVID ORTIZ, (DA 932-11) Appellant.

DECISION AND ORDER ON MOTION

Motion for permission to proceed on appeal as a poor person and for 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 granted, and the appeal shall be perfected in accordance with section 800.14 of this Court's Rules of Practice, and it is further

ORDERED that James P. Milstein, Esq., Albany County Public Defender, 60 South Pearl St., 4th Fl., Albany, NY 12207, (518) 447-7150, is assigned to represent appellant upon this appeal pursuant to County Law section 722, and it is further

ORDERED that pursuant to section 800.4 (c) of this Court's Rules of Practice, the Albany County Court Clerk shall furnish to appellate counsel one copy of the transcripts of the stenographic minutes of all proceedings in this matter and one copy of any other paper or document on file in that office which is material and relevant to this appeal, except those portions which appellate counsel or the criminal court determines are unnecessary for perfection of the appeal, and to forward forthwith the other copy of said transcripts to the Clerk of this Court, and it is further

ORDERED that if the appeal is not perfected within 60 days of the date of this decision, appellate counsel shall move on notice for a further extension of time to perfect the appeal.
PETERS, P.J., MERCURE, ROSE, STEIN and SPAIN, JJ., concur.
ENTER:

Robert D. Mayberger
Clerk of the Court