| People of State of New York v Fernando Garcia |
| Motion No: 2012-01624 orc |
| Slip Opinion No: 2013 NY Slip Op 83232(U) |
| Decided on August 9, 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.
HECTOR D. LaSALLE
ANTHONY MARANO, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Appellant, v Fernando Garcia, Respondent. |
On the court's own motion, it is
ORDERED that this appeal from an order of the Justice Court of the Town of Warwick, Orange County, entered April 5, 2012, is stricken from the general calendar on the ground that the presentence investigation report relied upon by the court in its decision has not been made part of the record on appeal; and it is further,
ORDERED that upon service of a copy of this decision and order on motion upon it, the Orange County Department of Probation is hereby authorized and directed to provide appellant's counsel with a copy of the presentence investigation report prepared in connection with or considered by the Justice Court in connection with respondent's risk level determination, including the recommendation sheet and any other prior reports on respondent which are incorporated or referred to in the report.
ENTER:
Paul Kenny
Chief Clerk