Appellate Division: Second Judicial Department

M258372

E/sl

LEONARD B. AUSTIN, J.P.

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE

LINDA CHRISTOPHER, JJ.

2017-12376 People of State of New York, respondent, v Jake N. Wheeler, appellant.

DECISION & ORDER ON MOTION Poor Person Relief and to Assign Counsel

Appeal from an order of the County Court, Dutchess County, dated October 16, 2017.

On the Court's own motion, it is

ORDERED that the appeal will be heard on the original papers (including a certified transcript of the proceedings, if any) and on the appellant's and the respondent's briefs; the parties are directed to file an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs, and to serve one hard copy on each other (22 NYCRR 1250.9[a][4],[c][1],[d],[e]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed with the Clerk of this Court (22 NYCRR 1250.9[a][4][i]); and it is further,

ORDERED that the stenographer of the trial court is directed promptly to make, certify, and file two transcripts of any hearing held in connection with the order dated October 16, 2017, except for those minutes previously transcribed and certified (see 22 NYCRR 671.9); and it is further,

ORDERED that the clerk of the trial court shall furnish one certified transcript of any hearing held in connection with the order dated October 16, 2017, to the appellant's assigned counsel, Thomas N. N. Angell, Office of the Public Defender, 22 Market Street, Poughkeepsie, NY 12601, without charge (see CPLR 1102[b]); assigned counsel is directed to turn over that transcript to the respondent when counsel serves the appellant's brief on the respondent; 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 prepared in connection with or considered by the trial court in connection with the appellant's risk level determination, including the recommendation sheet and any prior reports on the appellant which are incorporated or referred to in the report, and to provide additional copies to this Court upon demand; and it is further,

ORDERED that the appellant's time to perfect the appeal is extended; assigned counsel shall prosecute that appeal expeditiously in accordance with this Court's rules (see 22 NYCRR 1250.9) and written directions, and it is further,

ORDERED that in the event the file has been sealed, it is hereby unsealed for the limited purpose of allowing assigned counsel or his representative access to the record for the purpose of preparing the appeal; such access shall include permission to copy the papers insofar as they pertain to the appellant; and it is further,

ORDERED that the filing fee is waived (see CPLR 1102[d]); and it is further,

ORDERED that assigned counsel is directed to serve a copy of this decision and order on motion upon the clerk of the County Court, Dutchess County.

AUSTIN, J.P., HINDS-RADIX, MALTESE and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Appellant's Address:

1566 Rt. 22, Apt. 2B

Amenia, NY 12501