| People v Ismael Ayala |
| Motion No: 110346 |
| Slip Opinion No: 2019 NY Slip Op 74449(U) |
| Decided on July 3, 2019 |
| Appellate Division, Third 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. |
Decided and Entered: July 3,
2019110346
THE PEOPLE OF THE STATE OF NEW YORK, v (DA
128-16 & DA 688-15) Appellant. | DECISION AND ORDER ON MOTION |
Motion for permission to
proceed on appeal as a poor person and for assignment of counsel.
Upon the papers filed
in support of the motion, and no papers having been filed in opposition thereto, it is
ORDERED that the motion is granted, and Stephen W. Herrick, Albany County Public
Defender, 60 South Pearl St., 4th Floor, Albany, NY 12207, 518-447-7150, is assigned to
represent appellant upon this appeal pursuant to County Law section 722, and it is
further
ORDERED that the appeal shall be perfected by the appendix method in
accordance with section 1250.5 (c) of the Practice Rules of the Appellate Division and section
850.7 of this Court's Rules of Practice, and it is further
ORDERED that
pursuant to section 850.11 (a) of this Court's Rules of Practice, the Albany County Court Clerk
shall furnish to appellate counsel one copy of the transcripts of the stenographic minutes of all
proceedings in this matter and one copy of any other paper or document on file in that office
which is material and relevant to this appeal, except those portions which appellate counsel or the
court from which the appeal is taken determines are unnecessary for perfection of the appeal, and
to forward forthwith the other copy of said transcripts to the Clerk of this Court, and the
transcripts shall be omitted from the hard copy and the digital copy of the record, and it is
further
ORDERED that if the appeal is not perfected within 90 days of the date of this
decision, appellate counsel shall move on notice for a further extension of time to perfect the
appeal.
Garry, P.J., Egan Jr., Aarons and Pritzker, JJ., concur.
ENTER:
Robert
D. Mayberger
Clerk of the Court