Appellate Division: Second Judicial Department

M272398

AFA/

CHERYL E. CHAMBERS, J.P.

JEFFREY A. COHEN

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2020-05610 The People, etc., respondent, v Cynthia Arce, appellant. (Ind. No. 564/2018)

DECISION & ORDER ON MOTION

Motion by Cynthia Arce pursuant to CPL 460.30 for an extension of time to take an appeal from a judgment of the Supreme Court, Westchester County, rendered October 31, 2019, and to be provided with a copy of the presentence report.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted and the moving papers are deemed to constitute a timely notice of 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 retained counsel with a copy of the presentence report prepared in connection with the appellant's sentencing, including the recommendation sheet and any prior reports on the appellant which are incorporated in or referred to in the report; and it is further,

ORDERED that in the event an issue as to the legality, propriety, or excessiveness of the sentence is raised on appeal, or if retained counsel cites or relies upon the presentence report in a brief or motion in any other way, counsel shall provide a complete copy of such report and any attachments to this Court and the respondent prior to the filing of such brief or motion.

CHAMBERS, J.P., COHEN, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court