| People of State of New York v Dwayne Davidson |
| Motion No: 2020-00334 KC |
| Slip Opinion No: 2020 NY Slip Op 69134(U) |
| Decided on June 1, 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
BERNICE D. SIEGAL, JJ.
DECISION & ORDER ON MOTION
| The People of the State of New York, Respondent, v Dwayne Davidson, Appellant. |
Motion by appellant on an appeal from an order of the Criminal Court of the City of New York, Kings County, on a SORA determination, entered January 24, 2020, for poor person relief and for an extension of time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the motion for leave to prosecute the appeal as a poor person is denied as unnecessary, as 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 stenographer of the trial court is directed to promptly make, certify and file two transcripts of the proceeding of any hearing held in connection with the order appealed from; and it is further,
ORDERED that the clerk of the trial court shall furnish one certified transcript of each proceeding to appellant's counsel, without charge (see, CPLR 1102[b]); and it is further,
ORDERED on the court's own motion that the appeal shall be heard on the original file and the requirement under the Rules of Practice of the Appellate Terms (22 NYCRR ) § 731.9(3), of a printed record on appeal and briefs is hereby waived; and it is further,
ORDERED that upon service of a copy of this decision & order on motion upon it, the Department of Probation is hereby authorized and directed to provide assigned counsel with a copy of the pre-sentence report prepared in connection with or considered by the trial court in connection with appellant's risk level determination; and it is further,
ORDERED that the branch of appellant's motion to extend the time to perfect the appeal is granted, and the appeal shall be perfected within 6 months of the date of this order, by filing a digital copy of the brief, with proof of service, onto the court's digital portal, Records, Briefs & Motions Drop Off, found on the court's website at:
https://nycourts.sharepoint.com/sites/AT2-DCS/SitePages/Home.aspx.
Upon the full re-opening of the court, the parties will be directed to file hard copies of such briefs with the court; and it is further,
ORDERED that assigned counsel is directed to serve a copy of the decision & order on motion upon the clerk of the court from which the appeal is taken.
ENTER:
Paul Kenny
Chief Clerk