| People of State of New York v Luis R. Munoz |
| Motion No: 2016-02901 NCR |
| Slip Opinion No: 2017 NY Slip Op 69608(U) |
| Decided on March 28, 2017 |
| 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
ANTHONY MARANO, P.J.
ANGELA G. IANNACCI
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Luis R. Munoz, Appellant. |
Motion by appellant to vacate an order of this court dated January 17, 2017, which dismissed the appeal from a judgment of conviction of the District Court of Nassau County, First District, rendered September 16, 2016, for leave to prosecute the appeal 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 to vacate the order of this court dated January 17, 2017 is granted and the order dated January 17, 2017 is vacated; and it is further,
ORDERED that the branches of the motion seeking leave to prosecute the appeal as a poor person and the assignment of counsel are granted and the Legal Aid Society of Nassau County is assigned as counsel; 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 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 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 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; 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 presentence report, if any, prepared in connection with defendant's sentencing, including the recommendation sheet and any prior reports on defendant 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 they be so advised, to move in the court below for redaction of parts of the presentence report (see Matter of Gutkaiss v People, 49 AD3d 979 [2008]).
ENTER:
Paul Kenny
Chief Clerk