| People of State of New York v Cynthia Day |
| Motion No: 2018-01114 DCR |
| Slip Opinion No: 2018 NY Slip Op 82979(U) |
| Decided on August 30, 2018 |
| 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 Cynthia Day, Appellant. |
Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the Justice Court of the Town of Amenia, Dutchess County, rendered April 16, 2018, as a poor person, for the assignment of counsel, to continue a stay of execution of the incarcerative portion of the sentence which was granted by the Supreme Court, Dutchess County on May 24, 2018, and for an enlargement of time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
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 Dutchess County Public Defender 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 denied as premature; and it is further,
ORDERED that the court reporter, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the local criminal 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 transcripts, 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 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 to continue the stay of execution of the incarcerative portion of the judgment is granted and the stay is extended pending the determination of the appeal on condition that within 60 days after the receipt of the transcripts appellant file an affidavit of errors with the local criminal court and on the further condition that the appeal be perfected within 60 days after the filing by the local criminal court of a return on the affidavit of errors; and it is further,
ORDERED that in the event that the above conditions are not met, the court, on its own motion, may dismiss the appeal and/or vacate the stay, without further notice, or respondent may move to dismiss the appeal and/or vacate the stay, on three days' notice.
ENTER:
Paul Kenny
Chief Clerk