| People of State of New York v Ernest Curry |
| Motion No: 2013-00386 ncr |
| Slip Opinion No: 2013 NY Slip Op 79537(U) |
| Decided on June 27, 2013 |
| 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.
ANGELA G. IANNACCI
BRUCE E. TOLBERT, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Ernest Curry, Appellant. |
Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the District Court of Nassau County, First District, rendered December 21, 2012, as a poor person, for the assignment of counsel, and for an enlargement of time to perfect the appeal. The appeal was transferred to this court by decision and order on motion of the Appellate Division, Second Department, dated June 12, 2013.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is
ORDERED that the branch of the motion seeking leave to prosecute the appeal as a poor person and the assignment of counsel is granted and counsel is assigned pursuant to article 18-B of the County Law; and it is further,
ORDERED that the branch of the motion seeking an enlargement of time to perfect the appeal is granted, and the appeal shall be perfected expeditiously; and it is further,
ORDERED that appellant's time to file an affidavit of errors, if necessary, is extended 30 days from the date of this decision and order; and it is further,
ORDERED that the court stenographer or a certified transcriber, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to the attorney who is now assigned as counsel to prosecute the appeal, MARTIN GOLDBERG, ESQ., 672 DOGWOOD AVENUE #183, FRANKLIN SQUARE, NEW YORK 11010; and it is further,
ORDERED that assigned counsel shall serve a copy of the transcript, if any, upon the District Attorney, same to be returned upon argument or submission of the appeal. The clerk is further directed to file the second copy of the transcript, if any, with the record, which shall then be filed with this court; and it is further,
ORDERED that upon service of a copy of this decision and order upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report, if any, prepared in connection with appellant's sentencing, including the recommendation sheet and any prior reports on appellant which are incorporated or referred to in the report.
ENTER:
Paul Kenny
Chief Clerk