| People of State of New York v Raul Gomez |
| Motion No: 2019-01788 QC |
| Slip Opinion No: 2020 NY Slip Op 62866(U) |
| Decided on February 5, 2020 |
| 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 2nd, 11th & 13th Judicial Districts
THOMAS P. ALIOTTA, P.J.
DAVID ELLIOT
WAVNY TOUSSAINT, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Raul Gomez, Appellant. |
Motion by appellant for leave to prosecute an appeal from an order of the Criminal Court of the City of New York, Queens County, entered October 18, 2019, as a poor person, and for an enlargement of time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in response thereto, it is
ORDERED that appellant was granted leave to proceed as a poor person in the Criminal Court and, pursuant to Correction Law 168-n (3), his status as a poor person continues on appeal; 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's attorney; and it is further,
ORDERED that appellant's attorney shall serve a copy of the transcript, if any, upon the District Attorney and proof of service shall be filed simultaneously with the service of appellant's brief, same to be returned upon argument or submission of the appeal. The clerk is further directed 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 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's attorney with a copy of the presentence report prepared in connection with or considered by the trial court in connection with appellant's risk level determination, 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 an enlargement of time to perfect the appeal is denied as unnecessary, as the time to perfect the appeal has not begun to run (see Rules of the App Term, 2d, 11th & 13th Jud Dists [22 NYCRR] former § 731.8 [a], which governs notices of appeal filed through December 31, 2019).
ENTER:
Paul Kenny
Chief Clerk