| People of State of New York v Karl Wildermuth |
| Motion No: 2013-02769 NC |
| Slip Opinion No: 2014 NY Slip Op 76701(U) |
| Decided on June 26, 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
ANGELA G. IANNACCI, J.P.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Karl Wildermuth, Appellant. |
Motion by appellant for leave to prosecute an appeal from an order of the District Court of Nassau County, First District, entered November 26, 2013, as a poor person, 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 leave to prosecute the appeal as a poor person is granted; 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 the attorney who is now assigned as counsel to prosecute the appeal; and it is further,
ORDERED that assigned counsel shall serve a copy of the transcript, if any, upon the District Attorney and proof of service shall be filed simultaneously with the service of appellant's brief, 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 on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report 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 that the branch of the motion seeking an enlargement of time to perfect the appeal is denied as unnecessary, as, pursuant to the rules of this court, appellant has 90 days after the record has been filed with this court within which to perfect the appeal (see 22 NYCRR 732.4 [a] [1]; 732.8 [a]), and the record has not yet been filed with this court.
ENTER:
Paul Kenny
Chief Clerk