| People of State of New York v Kevin Martin |
| Motion No: 2016-02914 WCR |
| Slip Opinion No: 2017 NY Slip Op 70692(U) |
| Decided on April 6, 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.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Kevin Martin, Appellant. |
Motion by appellant, in effect, for leave to prosecute an appeal from a judgment of conviction of the City Court of Yonkers, Westchester County, rendered October 12, 2016, as a poor person, for an enlargement of time to perfect the appeal and to expand the record on appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition 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 branch of the motion seeking an enlargement of time to perfect the appeal is granted, and the appeal shall be perfected by June 2, 2017; 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 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 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; 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 appellant 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 appellant which are incorporated or referred to in the report; and it is further,
ORDERED that the branch of the motion seeking to expand the record on appeal is denied.
To the extent that appellant seeks to be provided with certain documents, it is noted that these documents are not sealed and are public records which are available to appellant.
ENTER:
Paul Kenny
Chief Clerk