| People of State of New York v Richard Wahlers |
| Motion No: 2017-01733 ORCR |
| Slip Opinion No: 2018 NY Slip Op 85874(U) |
| Decided on October 3, 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 Richard Wahlers, Appellant. |
Motion by appellant for leave to prosecute an appeal from a judgment of conviction of the City Court of Port Jervis, Orange County, rendered September 6, 2017, as a poor person, for the assignment of counsel, for an enlargement of time to perfect the appeal, and to stay the execution of the judgment pending the determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in response 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 Richard L. Herzfeld, Esq. is assigned as counsel; and it is further,
ORDERED that the branch of the motion seeking to stay the execution of the judgment pending the determination of the appeal is denied; 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 appellant's sentencing, including the recommendation sheet and any prior reports on appellant which are incorporated or referred to in the report.
ENTER:
Paul Kenny
Chief Clerk