| People of State of New York v Edwin Acosta |
| Motion No: 2013-02464 NCR |
| Slip Opinion No: 2014 NY Slip Op 63636(U) |
| Decided on January 30, 2014 |
| 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
ANTHONY MARANO, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Edwin Acosta, 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 October 11, 2013, as a poor person, for the assignment of counsel and for an enlargement of time to perfect the appeal.
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 the assignment of counsel is denied, as appellant 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]); and it is further,
ORDERED that the branch of the motion seeking leave to prosecute the appeal as a poor person relief is granted; 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 by May 2, 2014; and it is further,
ORDERED that the court stenographer, 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 appellant; and it is further,
Page 1 ORDERED that appellant 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 appellant 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; and it is further,
ORDERED, on the court's own motion, that leave is granted to respondent, if so advised, to move in the court below for redaction of parts of the pre-sentence report (see Matter of Gutkaiss v People, 49 AD3d 979 [2008]).
ENTER:
Paul Kenny
Chief Clerk
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